Exchange of information permits cross-border tax information sharing subject to confidentiality protections and specified legal limitations. The competent authorities must exchange information necessary to administer the Agreement and domestic tax laws, treating received information as secret and limiting disclosure to persons or authorities concerned with assessment, collection, enforcement, prosecution or appeals; use for other purposes requires laws of both States and supplying State authorisation. A State need not take measures contrary to its laws or supply unobtainable or secret trade or public policy contrary information, but must use its information gathering measures to obtain requested information and cannot refuse requests simply because information is held by banks, nominees or fiduciaries or concerns ownership interests.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Exchange of information permits cross-border tax information sharing subject to confidentiality protections and specified legal limitations.
The competent authorities must exchange information necessary to administer the Agreement and domestic tax laws, treating received information as secret and limiting disclosure to persons or authorities concerned with assessment, collection, enforcement, prosecution or appeals; use for other purposes requires laws of both States and supplying State authorisation. A State need not take measures contrary to its laws or supply unobtainable or secret trade or public policy contrary information, but must use its information gathering measures to obtain requested information and cannot refuse requests simply because information is held by banks, nominees or fiduciaries or concerns ownership interests.
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