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 8: The EU Directives

Xavier Oberson

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


Chapter 8 is devoted to the EU Directives in the area of exchange of information. First, the Savings Directive (EUSD) is described in detail. In this context, we also compare the EUSD with the EU-Swiss agreement on the taxation of savings. Second, the Directive on administrative cooperation in the field of taxation (DAC) is covered. The DAC, which was adopted in 2011, is of crucial importance following the global emergence of automatic exchange of information as the new global standard. This major development leads to a 2014 proposal to extend the scope of the DAC, combined with a potential future repeal of the EUSD. Third, this chapter analyses the Directive concerning mutual assistance for the recovery of tax claim, which can be regarded as the most comprehensive instrument so far covering this type of assistance. Finally, instruments of administrative cooperation in the field of indirect taxes (notably regulations on the administrative cooperation in the field of VAT and excise duties) are mentioned.

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