Key legal question
Whether, under Art. 11(3) RLGL, the OLS had to average annual income after a change in the tenant's situation.
Extracted holding
No. When the tenant's situation changes, the OLS must rely on the new actual situation and not on an annualized income average.
Extracted reasoning
The court held that the OLS had to follow its established practice under Art. 11(3) RLGL: for a change in circumstances, only the current situation is relevant. The tenant's own salary was therefore taken as actually earned during the civil year in which the surtax was due, without annualization.