Exchange of information: compulsory tax information sharing with confidentiality safeguards and limited exceptions for secrecy and public policy. The competent authorities must exchange information foreseeably relevant for applying the Convention or administering domestic tax laws, including documents or certified copies, with such information treated as secret and disclosed only to persons or authorities engaged in assessment, collection, enforcement, prosecution, appeals, or oversight and used solely for those purposes unless both States' laws permit other uses and the supplying Competent Authority authorises them. A State is not obliged to act contrary to its laws or supply unobtainable information or disclose trade or professional secrets or information contrary to public policy, but must use its information gathering measures to obtain requested information and may not refuse solely because it is held by banks, nominees or fiduciaries.
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: compulsory tax information sharing with confidentiality safeguards and limited exceptions for secrecy and public policy.
The competent authorities must exchange information foreseeably relevant for applying the Convention or administering domestic tax laws, including documents or certified copies, with such information treated as secret and disclosed only to persons or authorities engaged in assessment, collection, enforcement, prosecution, appeals, or oversight and used solely for those purposes unless both States' laws permit other uses and the supplying Competent Authority authorises them. A State is not obliged to act contrary to its laws or supply unobtainable information or disclose trade or professional secrets or information contrary to public policy, but must use its information gathering measures to obtain requested information and may not refuse solely because it is held by banks, nominees or fiduciaries.
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