International Exchange of Information in Tax Matters

International Exchange of Information in Tax Matters

Towards Global Transparency

Xavier Oberson

Following the financial crisis of 2008 and various scandals around the world there has been a global movement towards the international exchange of information and greater transparency. This book provides a comprehensive overview of the main developments, the structure and content of the various existing instruments and models (such as double taxation treaties, TIEA, the multinational convention from the OECD, the European Directives, FATCA and the Swiss Rubik model), and also the new standard toward automatic exchange of information. Xavier Oberson's analysis highlights their interactions and complexities. He concludes by discussing the position and the rights of taxpayers.

Chapter 3: Exchange of information under Double Taxation Conventions (DTC)

Xavier Oberson

Subjects: law - academic, commercial law, private international law, tax law and fiscal policy

Abstract

Chapter 3 focuses on exchange of information under DTC. Indeed, double taxation treaties, notably based on the OECD Models, remain as of today the main source of exchange of information in tax matters. This chapter covers the scope of a DTC (material, personal and tax covered), the competence and secrecy rules, and the various forms of exchange of information, including simultaneous tax examination and joint audits. The potential limits to the exchange, such as the principles of subsidiarity, the principle of reciprocity, trade or business secrets, or public policy, are then analysed. Special attention is also given to the derogation of Art. 26 par. 5 of the OECD Model, which, in particular, provides that banking secrecy is no longer a valid ground for refusal of the exchange of information.

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