On Exchange of Information for Tax Purposes
If a person or entity resident in one jurisdiction owns income-generating assets in another jurisdiction, the resident's tax authorities generally need to know about that asset or income, to assess their tax liabities. For this reason, jurisdictions exchange information with each other for tax (and other) purposes under a range of international schemes, agreements and protocols. The OECD likes to claim that its weak standards for information exchange "on request" constitute the "internationally agreed standard" for information exchange.
However, a consensus is beginning to emerge, strongly supported by the Tax Justice Network (TJN), that the world needs to progress quickly away from the flawed OECD standards and towards much stronger and better forms of information exchange, notably "automatic" information exchange between jurisdiction, on a multilateral basis.
This page seeks to provide information and links about the different forms of information exchange, and to provide news about what is happening in this area. We have published a briefing paper on the subject (which can also be accessed on our briefing papers section, and in our growing A-Z archive. In January 2010, TJN also produced a detailed memorandum to the United Nations Tax Committee explaining how, contrary to the OECD's view, automatic information exchange is, in fact, the emerging global standard.
We have also produced a number of news items, looking at political, practical and other aspects of information exchange.
- Sept 2, 2010 - Switzerland signs a skewed tax treaty with India
- July 20, 2010 - Tax Research on what constitutes effective exchange of information (points to a longer 2009 report.)
- July 7, 2010 - India dislikes the OECD standards on information exchange
- June, 2010 - How 39 (flawed) information exchange agreements are being signed each month.
- May, 2010 - Memorandum on the U.S. Foreign Account Tax Compliance Act (FATCA), prepared by David Spencer, TJN Senior Adviser
- March 25, 2010 - UK signals that automatic information exchange is the way forward
- Feb 8, 2010 - Swiss Finance Minister says consider automatic information exchange
- Feb 1, 2010 - Why developing countries are being failed on DTTs and TIEAs.
- Jan 7, 2010 - Memo to the U.N. Tax Committee on why automatic exchange of information is the emerging standard
- Nov 27, 2009 - a numerical analysis of the OECD's TIEAS - showing it's failed
- Nov 18 - McIntyre proposes alternative TIEA
- Nov 1 - McIntyres on automatic exchange being the emerging standard
- July 6 - on the non-perils of information exchange
- July 8 - 12 is not enough
- Obama wants automatic information exchange through the QI program (June 17).
- Cayman's flawed new double tax agreement with the UK
- The Netherlands wants more automatic exchange of information (May 25).
- Exchange of information: the Yossarian aspect of the OECD's "on-request" model (May 24).
- Cayman's unilateral mechanism doesn't make the cut (May 14).
- Carl Levin wants automatic information exchange (May 13)
- Why automatic information exchange can work (May 11.)
- How "on request" agreements could restrict access to information (May 5)
- TJN disputes the OECD's suggestion that their model is sacrosanct (May 1).
- TJN writes to the G20 on automatic exchange of information (April 30).
- Comparing the OECD with the G20
- Richard Murphy writes in the Guardian newspaper on information exchange
