Uitspraak Nº 20/01529. Hoge Raad, 2020-12-18
Docket Number | 20/01529 |
ECLI | ECLI:NL:HR:2020:2038 |
HOGE RAAD DER NEDERLANDEN
BELASTINGKAMER
Nummer 20/01529
Datum 18 december 2020
ARREST
in de zaak van
[X] te [Z] (hierna: belanghebbende)
tegen
het COLLEGE VAN BURGEMEESTER EN WETHOUDERS VAN DE GEMEENTE DEN HAAG
op het beroep in cassatie tegen de uitspraak van het Gerechtshof Amsterdam van 28 april 2020, nr. 19/00899, betreffende de aan belanghebbende opgelegde naheffingsaanslag in de parkeerbelasting. De uitspraak van het Hof is aan dit arrest gehecht.
Bij arrest van de Hoge Raad van 12 juli 2019, ECLI:NL:HR:2019:1175, is vernietigd de uitspraak van het GerechtshofDen Haag] (nr. BK-17/00778), met verwijzing van het geding naar het Gerechtshof Amsterdam (hierna: het Hof) ter verdere behandeling en beslissing van de zaak met inachtneming van dat arrest.
Belanghebbende heeft tegen de uitspraak van het Hof beroep in cassatie ingesteld. Het beroepschrift in cassatie is aan dit arrest gehecht en maakt daarvan deel uit.
Het college van burgemeester en wethouders van de gemeente Den Haag (hierna: het College) heeft een verweerschrift ingediend, maar niet via het webportaal van de Hoge Raad. Artikel 1 van het Koninklijk besluit van 6 maart 2019, Stb. 99 (Inwerkingtredingsbesluit digitaal procederen in bestuursrechtelijke cassatieprocedures) brengt mee dat het College verplicht is om het verweerschrift digitaal in te dienen. Van de geboden herstelmogelijkheid heeft het College geen gebruik gemaakt. Daarom slaat de Hoge Raad geen acht op dit stuk.
Na verwijzing was in geschil of belanghebbende recht heeft op een dwangsom. Het Hof heeft het beroep gegrond verklaard. Aangezien op 28 september 2017 uitspraak op bezwaar is gedaan, is een dwangsom verbeurd over het ten hoogste in aanmerking te nemen aantal dagen (42). Die dwangsom bedraagt, omdat de ingebrekestelling voor 1 januari 2019 is ontvangen, € 1.260. Het Hof heeft de heffingsambtenaar van de gemeente Den Haag (hierna: de heffingsambtenaar) voorts veroordeeld tot vergoeding van de wettelijke rente over de dwangsom vanaf vier weken na de verzending van de uitspraak van het Hof tot de dag van de algehele voldoening.
Het eerste middel is gericht tegen het in 3.1, laatste zin, vermelde oordeel van het Hof en betoogt dat de heffingsambtenaar wettelijke rente dient te vergoeden vanaf 27 april 2017 tot de dag van betaling van de...
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