Exchange of information: tax authorities may share necessary data for tax administration while safeguarding confidentiality protections. Article 28 mandates that competent authorities exchange information necessary to implement the Convention and domestic tax laws, including for prevention of fraud and tax evasion, with such information treated under the recipient State's secrecy protections. If information is secret in the transmitting State, disclosure is limited to persons or authorities involved in tax assessment, collection, enforcement, prosecution or appeals and may be used only for those purposes, though public court disclosure is allowed. The Article requires consultation to develop exchange procedures and recognizes exceptions where measures conflict with domestic law, information is unobtainable, or disclosure would reveal trade or professional secrets or violate 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: tax authorities may share necessary data for tax administration while safeguarding confidentiality protections.
Article 28 mandates that competent authorities exchange information necessary to implement the Convention and domestic tax laws, including for prevention of fraud and tax evasion, with such information treated under the recipient State's secrecy protections. If information is secret in the transmitting State, disclosure is limited to persons or authorities involved in tax assessment, collection, enforcement, prosecution or appeals and may be used only for those purposes, though public court disclosure is allowed. The Article requires consultation to develop exchange procedures and recognizes exceptions where measures conflict with domestic law, information is unobtainable, or disclosure would reveal trade or professional secrets or violate public policy.
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