International Exchange of Information in Tax Matters
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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.
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Chapter 4: A practical example: administrative assistance and exchange of information between the United States and Switzerland

Xavier Oberson

Abstract

Chapter 4 can be described as a case-study showing how administrative assistance and exchange of information between the United States and Switzerland have been implemented. It shows the extent, scope and evolution of exchange of information under DTC between the two countries, moving from cases of ‘tax fraud and the like’ to group requests and other tax evasion issues. It concludes with a description of the ‘UBS saga’, which has led to an unprecedented series of requests for exchange of information and various landmark administrative and Supreme Court judgments. The position of other Swiss banks involved is also mentioned.

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