Exchange of information under DTAA mandates confidential sharing of tax documents for assessment and anti-evasion purposes. Article 26 establishes exchange of information between competent authorities for administering and enforcing taxes covered by the Agreement, including prevention of fraud and tax evasion; exchanges may be routine or on request and may include information regarding tax avoidance. Information received must be treated as secret like domestic information; where originally secret in the transmitting State it may be disclosed only to persons or authorities involved in assessment, collection, enforcement, prosecution or appeals and used only for those purposes, with permitted disclosure in public court proceedings. A State is not obliged to change laws or practices, to supply unobtainable information, or to disclose trade or professional secrets or information contrary to public policy.
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 under DTAA mandates confidential sharing of tax documents for assessment and anti-evasion purposes.
Article 26 establishes exchange of information between competent authorities for administering and enforcing taxes covered by the Agreement, including prevention of fraud and tax evasion; exchanges may be routine or on request and may include information regarding tax avoidance. Information received must be treated as secret like domestic information; where originally secret in the transmitting State it may be disclosed only to persons or authorities involved in assessment, collection, enforcement, prosecution or appeals and used only for those purposes, with permitted disclosure in public court proceedings. A State is not obliged to change laws or practices, to supply unobtainable information, or to disclose trade or professional secrets or information contrary to public policy.
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