Tax Receiver Defends Integrity Amid SOAB Report Controversy

 

Leak of confidential report damages the reputation of the Tax Department and Curaçao itself, he says 

WILLEMSTAD - The current Ontvanger (Tax Receiver) of Curaçao has strongly defended his integrity and that of his department following recent media publications based on a leaked report from the Stichting Overheidsaccountantsbureau (SOAB). In a detailed written statement, the Tax Receiver expressed deep concern over what he described as “a deliberate attempt to tarnish” not only his name but also the reputation of the entire Tax Department and, by extension, the country of Curaçao.

According to the Ontvanger, the controversy centers on a SOAB report concerning import duties and excise taxes (“invoerrechten en accijnzen”), which, he argues, has been taken entirely out of context. “It is very easy to attack someone who cannot fully defend themselves because of the legal duty of secrecy,” he wrote. “The saddest part is that this not only harms the Tax Department and its employees, who are dedicated to public service, but it also drags Curaçao’s name through the mud with all the consequences that brings.”

A serious breach of confidentiality

The most concerning element of the situation, according to the Ontvanger, is that the SOAB report explicitly mentioned a taxpayer’s full name, which later appeared in the press. He called this “a grave mistake and a violation of confidentiality,” stressing that such a breach is “extremely regrettable,” especially now that the information has spread internationally, potentially causing reputational and financial harm to the company involved.

The report details a case in which Customs issued a decision on June 29, 2016, against an “expediteur” (shipping agent) for approximately 1.15 million guilders, with an additional 300% fine. The taxpayer filed an initial objection (“bezwaarschrift”) on July 27, 2016, followed by a supplementary one on August 9, 2016. A hearing was held in January 2017, but the final decision on the objection was not issued until May 25, 2021—almost four years later.

From that date, a six-week appeal period began, meaning that by early July 2021, the tax assessment could, in principle, have been collected. However, the Ontvanger explained that under standard procedures, once an objection is filed, collection efforts must be suspended until the assessment becomes final and irrevocable.

Payment arrangements and policy decisions

Despite the pending objection, the Receiver’s Office reached a temporary payment arrangement in 2018, requiring a 30,000-guilder down payment and monthly payments of 5,000 and later 3,000 guilders. Subsequently, the Customs Inspector reduced the original assessment from 4.6 million guilders to approximately 2.3 million.

All of this occurred before the Minister of Finance’s decision on January 31, 2023, announcing that no tax assessments from 2017 or earlier would be collected. Court rulings have since confirmed that, despite significant efforts from the Receiver’s Office, those older claims could no longer be enforced.

However, the Ontvanger noted that his department had proactively recovered 180,000 guilders in this specific case before the Minister’s statement effectively halted further collection. “It was not the Ontvanger who caused the loss of revenue,” he emphasized. “Because the SOAB report did not clearly state this, everyone is now free to draw their own conclusions.”

Expert advice ignored

The Ontvanger further revealed that his office had advised the Minister of Finance at the time on modernizing Curaçao’s tax collection procedures, following OECD recommendations. The advice stressed avoiding active collection of assessments older than five years, except in special cases involving court proceedings or criminal investigations.

This advice, according to him, was supported by several key institutions—including the CFT, SOAB, SVB, the Ministry of Finance, and the Directorate of Fiscal Affairs. Nonetheless, the final decision of January 31, 2023, went against all those recommendations and against international best practices.

“The question now is: on what basis did the Minister make this decision and publicly announce it on social media and in the press?” he asked. “This decision has enormous consequences. Who took this decision, and under what authority?”

Millions lost in public revenue

The Minister’s decision effectively rendered 3.1 billion guilders in tax assessments uncollectable, including about 2 million guilders directly related to the company mentioned in the leaked report. “I repeat,” the Ontvanger stressed, “the fact that these sums can no longer be collected—whether in this case or in others totaling over 3 billion guilders—is not the fault of the Ontvanger of Curaçao.”

Due to ongoing investigations, the Tax Receiver said he cannot disclose further details at this stage. However, he expressed disappointment that confidential government information has been misused to create a misleading public narrative that not only damages individuals but also undermines public trust in Curaçao’s institutions.

Damage to Curaçao’s reputation

In conclusion, the Ontvanger lamented that the handling of this case has “unfairly stained the reputation of the Tax Department, its employees, and the country as a whole.” He reiterated his commitment to transparency and professionalism while emphasizing that meaningful improvement of the Tax Department must come through constructive reform and collaboration—not through leaks and public attacks.

He concluded his statement with a call for greater accountability and respect for confidentiality among public institutions and the media:

“Curaçao’s credibility as a country depends on the integrity of its institutions and the trust of its citizens. We must safeguard that at all costs.” 




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