Exchange of information obligations clarified: authorities must share tax-related information while protecting legal limits and trade secrets. Article 28 requires competent authorities to exchange information necessary for implementing the Convention or preventing fraud or fiscal evasion for covered taxes, with exchanged information treated as secret and disclosed only to those involved in assessment or collection. The obligation is subject to three limits: States are not required to undertake measures contrary to their laws or administrative practice; not required to supply particulars not obtainable under law or normal administration; and not required to provide information that would disclose trade or commercial secrets or that would be 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 obligations clarified: authorities must share tax-related information while protecting legal limits and trade secrets.
Article 28 requires competent authorities to exchange information necessary for implementing the Convention or preventing fraud or fiscal evasion for covered taxes, with exchanged information treated as secret and disclosed only to those involved in assessment or collection. The obligation is subject to three limits: States are not required to undertake measures contrary to their laws or administrative practice; not required to supply particulars not obtainable under law or normal administration; and not required to provide information that would disclose trade or commercial secrets or that would be contrary to public policy.
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