Exchange of information: mutual tax information sharing with confidentiality and limited legal exceptions to aid enforcement. Article 26 provides for mutual exchange of information for administering and enforcing taxes covered by the Agreement, requiring requested States to use available information gathering measures even without domestic need, subject to limits: no requirement to contravene domestic laws or administrative practice, to supply unobtainable information, or to disclose trade secrets or information contrary to public policy. Information received must be kept secret and used only by those involved in assessment, collection, enforcement, prosecution or appeals, with disclosure in public court proceedings or judicial decisions permitted; bank secrecy or fiduciary status alone does not permit refusal.
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: mutual tax information sharing with confidentiality and limited legal exceptions to aid enforcement.
Article 26 provides for mutual exchange of information for administering and enforcing taxes covered by the Agreement, requiring requested States to use available information gathering measures even without domestic need, subject to limits: no requirement to contravene domestic laws or administrative practice, to supply unobtainable information, or to disclose trade secrets or information contrary to public policy. Information received must be kept secret and used only by those involved in assessment, collection, enforcement, prosecution or appeals, with disclosure in public court proceedings or judicial decisions permitted; bank secrecy or fiduciary status alone does not permit refusal.
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