Exchange of information powers enable cross border tax information sharing while preserving confidentiality and limited exceptions. Competent authorities must exchange information foreseeably relevant to implementing the Agreement or administering and enforcing covered taxes; such information must be treated as secret and used only by persons or authorities concerned with assessment, collection, enforcement, prosecution, appeals or oversight, with disclosure in public court proceedings permitted and other uses allowed only if both States' laws permit and the supplying State authorises. No State is obliged to adopt measures contrary to its laws or to supply unobtainable information or trade or professional secrets, but requested States must use their information gathering measures and possess powers to enforce disclosure even when information is held by banks, financial institutions, nominees or fiduciaries.
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 powers enable cross border tax information sharing while preserving confidentiality and limited exceptions.
Competent authorities must exchange information foreseeably relevant to implementing the Agreement or administering and enforcing covered taxes; such information must be treated as secret and used only by persons or authorities concerned with assessment, collection, enforcement, prosecution, appeals or oversight, with disclosure in public court proceedings permitted and other uses allowed only if both States' laws permit and the supplying State authorises. No State is obliged to adopt measures contrary to its laws or to supply unobtainable information or trade or professional secrets, but requested States must use their information gathering measures and possess powers to enforce disclosure even when information is held by banks, financial institutions, nominees or fiduciaries.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.