Amicable remedies in tax matters

Verified 17 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Do you disagree with the tax department because of a problem with reporting, calculating or paying taxes?

You have amicable remedies. Contact your tax office beforehand. If the disagreement persists, you can contact the departmental fiscal conciliator and the mediator of the economic and financial ministries.

Step-by-step approach

Before any amicable remedy, you must contact your tax office to make a claim.

If you feel that your application has not been satisfactorily processed, you can contact the departmental tax conciliator.

For example, if you are in one of the following situations:

  • Rejection or partial admission of a claim
  • Rejection of a request for remission of penalties
  • Refusal of a payment period

Its contact details shall be indicated in the refusal decision.

The departmental tax conciliator may, if he considers it justified, modify the decision taken with respect to you.

Warning  

If you enter the tax conciliator, you still have to pay the amounts that the tax authority is claiming from you. The time-limit for bringing proceedings (2 months) is not interrupted.

The local departmental conciliator shall be responsible for the following matters:

  • Tax issue you are facing
  • Claim on the quality of service of the tax authorities

It may amend the decision initially taken by the tax department.

However, the fiscal conciliator is not competent to deal with the following situations:

  • Procedure for auditing accounts or examining a personal tax situation
  • Dispute concerning the land advertising
  • Request made to the President of the Republic, the Prime Minister, the Minister of Finance, Defender of Rights, a member of parliament or a local elected representative

You can enter the departmental fiscal conciliator by one of the following means:

  • Mail
  • Postal Mail

You must attach supporting documents to your shipment.

Who shall I contact

The conciliator undertakes to answer you within 30 days to inform you of its decision or the status of your application for the most complex files.

If you are not satisfied with the decision of the fiscal conciliator, you can refer the matter to the Ombudsman of the Economic and Financial Ministries.

If you feel that your request has not been satisfactorily dealt with, you can refer the matter to the Ombudsman of the Economic and Financial Ministries.

For example, if you are in one of the following situations:

  • Rejection or partial admission of a claim
  • Rejection of a request for remission of penalties
  • Refusal of a payment period

The Ombudsman is an independent person, subject to an obligation of neutrality.

At the end of his mediation, he makes a recommendation to the tax administration.

Warning  

If you go to the mediator, you still have to pay the money that the tax authority is asking for. The time-limit for bringing proceedings (2 months) is not interrupted.

The Ombudsman of Economic and Financial Ministries is competent to help you resolve a dispute, in particular with the following administrations:

  • Tax Administration
  • Customs

Please note

In case of dispute with the tax administration, you must contact the departmental tax conciliator before contacting the mediator.

The Ombudsman shall have jurisdiction if the dispute concerns, inter alia, the following matters:

  • Calculation or payment of tax
  • Payment of fines
  • Customs duties

You can go to the mediator only if you have performed a 1re approach without having obtained satisfaction.

By mail
Who shall I contact

Your request must specify the following information:

  • Description of your problem (subject and reasons for your request)
  • References of the service concerned
  • Contact details (address and telephone number)
  • Copy of the correspondence with the relevant administration

The Ombudsman examines your case and makes a recommendation to the department concerned.

If the administration does not agree to follow this recommendation, the mediator may refer the matter directly to the minister who will decide on the action to be taken.

FYI  

on an experimental basis, a departmental official may refer the matter to the mediator. He may submit to it a decision concerning his administrative and statutory situation.

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