Zakelijk, Arbeid, Schade
Particulier
Is email by HR binding for 30% ruling?
I have been hired when I was abroad. After signing the contract, I asked HR through email to confirm that they would help with 30% ruling benefits. They said ''You need to meet some strict criteria in order to apply for the 30% regulation. We will check this for you. In case you are eligible, we will start up the application procedure. This will be done after in the first weeks after you started.''. But I knew I already met the criteria, because I did my research and calculated my salary along with the benefits, so I said OK.
After I started working, they told me that they checked and that I was not eligible. I spend two months trying to convince them I was indeed eligible. During this time, I asked if this was a policy decision and told them that I could hire a tax expert and pay from my own pocket the individual calculation for 30% ruling. They did not respond to that. After enough emails and proof from different tax experts and information on Belastingdienst, they were convinced, and they applied for my 30% ruling. They received the confirmation from Belastingdienst that I was indeed eligible. They said congratulations.
However, one week before the next salary, they told me that they cannot give me the ruling because ''unfortunately they are not able to process this request as salary system is not equipped for this'' by giving the following reason ''in your case applying the 30% ruling request is a partial 30% exemption which involves the risk of paying more than the tax exemption allows.''.
I know it is the employer's call, but because of the promise given through the email: is the email by the HR I mentioned at the beginning binding for 30% ruling? Would it make sense for me to take this to the court if they do not provide this benefit?
Sorry for the very long message and thank you very much in advance for your response.
After I started working, they told me that they checked and that I was not eligible. I spend two months trying to convince them I was indeed eligible. During this time, I asked if this was a policy decision and told them that I could hire a tax expert and pay from my own pocket the individual calculation for 30% ruling. They did not respond to that. After enough emails and proof from different tax experts and information on Belastingdienst, they were convinced, and they applied for my 30% ruling. They received the confirmation from Belastingdienst that I was indeed eligible. They said congratulations.
However, one week before the next salary, they told me that they cannot give me the ruling because ''unfortunately they are not able to process this request as salary system is not equipped for this'' by giving the following reason ''in your case applying the 30% ruling request is a partial 30% exemption which involves the risk of paying more than the tax exemption allows.''.
I know it is the employer's call, but because of the promise given through the email: is the email by the HR I mentioned at the beginning binding for 30% ruling? Would it make sense for me to take this to the court if they do not provide this benefit?
Sorry for the very long message and thank you very much in advance for your response.