Exchange of information enables cross-border tax information sharing subject to secrecy, domestic-law limits and authorised secondary uses. The Article requires competent authorities to exchange information foreseeably relevant for implementing the Agreement or administering domestic tax laws, including documents and certified copies; such information must be kept secret and disclosed only to persons and authorities involved in tax assessment, collection, enforcement, prosecution, appeals or oversight and used only for those purposes unless both States' laws and the supplying authority permit other uses. It limits the obligation to supply information where doing so would conflict with domestic laws or practices, where information is unobtainable in the normal course, or would disclose trade or professional secrets or be contrary to public policy, while requiring use of information gathering measures even absent domestic interest and disallowing refusal solely because information is held by financial intermediaries or relates to 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 enables cross-border tax information sharing subject to secrecy, domestic-law limits and authorised secondary uses.
The Article requires competent authorities to exchange information foreseeably relevant for implementing the Agreement or administering domestic tax laws, including documents and certified copies; such information must be kept secret and disclosed only to persons and authorities involved in tax assessment, collection, enforcement, prosecution, appeals or oversight and used only for those purposes unless both States' laws and the supplying authority permit other uses. It limits the obligation to supply information where doing so would conflict with domestic laws or practices, where information is unobtainable in the normal course, or would disclose trade or professional secrets or be contrary to public policy, while requiring use of information gathering measures even absent domestic interest and disallowing refusal solely because information is held by financial intermediaries or relates to ownership interests.
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