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 Tax Information Exchange Agreements (TIEAs) and another one on information exchange between Northern and Southern countries. (These 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.
- Jan 29, 2013 - Towards multilateral automatic information exchange: Current practice of AIE in selected countries. TJN briefing paper.
- Oct 29, 2012 - List of killer loopholes in the Swiss "Rubik" agreements
- Sept 6, 2012 - Is Liechtenstein going for transparency? No. This is a trick
- Aug 25, 2012 - It's official: Swiss admit purpose of Rubik is to kill EU transparency
- Aug 21, 2012 - Towards multilateral automatic information exchange: Current practice of AIE in selected countries, a paper by Markus Meinzer of TJN. See also this short Q and A summarising the study.
- Aug 21, 2012 - Bank account registries in selected countries: Lessons for registries of trusts and foundations and for improving automatic tax information exchange, a paper by Markus Meinzer of TJN. See also this summary, in the International Tax Review.
- June 22, 2012 - OECD signs up to Automatic Info Exchange. Original here.
- May 30, 2012 - UK government explains why information exchange is superior over withholding taxes. Originals here and here.
- April 20, 2012 - European parliament: two useful resolutions. Originals here (info exchange) and here (CCCTB).
- March 28, 2012 - David Spencer: Guest blog on rifts between the OECD and United Nations on international tax
- March 2, 2012 - FATCA: memorandum and update, guest blog by David Spencer
- Feb 8, 2012 - Briefing paper: analysis of the Council of Europe/OECD Convention on Administrative Assistance in Tax Matters. Original here
- Dec 13, 2011 - India: OECD seems to warm to multilateral, automatic information exchange. Original here.
- Nov 24, 2011 - France reveals how poor OECD information exchange standards are. Original here.
- Nov 4, 2011 - India calls for automatic information exchange
- Oct 27, 2011 - Why TIEAs don't work: evidence from the Netherlands
- Oct 24, 2010 - Forensic analysis of the UK-Swiss tax deal (original here)
- Oct 19, 2011 - Offshore lawyers explain why TIEAs won't work (original here)
- Oct 4, 2011 - launch of Financial Secrecy Index
- Sept 30, 2011 - On Switzerland's reluctance to give out information
- Sept 26, 2011 - USA to tackle information exchange?
- June 15, 2011 - Why the banks' special pleading on FATCA is . . . deeply mistaken
- May 27, 2011 - The Isle of Man and Jersey create opacity - According To UK Revenue & Customs
- May 4, 2011 - Economic Warfare being engaged from St Peter Port. About Guernsey secrecy.
- April 20, 2011 - TIEAs - a Norwegian update
- April 19, 2011 - Baker & McKenzie on the death of information exchange.
- April 4 - TJN in the Financial Times: Time to black-list the tax haven whitewash original here
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Mar 10, 2011 - Is Automatic Exchange Of Information Really More Effective? Ask The UK Government
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Mar 7, 2011 - US, UK, OECD oppose developing countries having stronger voice on tax
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Feb 22, 2011 - On Austria, Luxembourg preserving secrecy by hiding behind an Anglo-German fig leaf
- Jan 28, 2011 - TJN briefing on the benefits and deficiencies of the European Union Savings Tax Directive.
- Jan 21, 2011 - Top Spanish tax agent says OECD TIEAs are feeble. Also see here.
- Nov 24, 2010 - Top EU official backs better info exchange
- Nov 23, 2010 - India: don't sign with Liechtenstein
- Nov 20, 2010 - Belgium's back room deals on European transparency
- Nov 12, 2010 - OECD blacklist: the case of the disappearing tax havens
- Nov 11, 2010 - Christian Aid: Tax, Transparency and multinationals
- Nov 1, 2010 - UK's and German deals with Switzerland undermine transparency
- Oct 11, 2010 - Beneficial owners: where are the warm bodies?
- Oct 4,2010 - On Danish Project Money Transfer
- Sept 27, 2010 - new TJN paper on Automatic Information exchange
- Sept 8, 2010 - TIEAs: 23 is the magic number
- 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. His full article is How to End the Charade of Information Exchange.
- 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.)
- OECD's Owens defends its resistance to automatic exchange
- 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).
- The empty OECD black list: Where did all tax havens go?
- Comparing the OECD with the G20
- Richard Murphy writes in the Guardian newspaper on information exchange
- March 08 - TJN briefing paper on the EU Savings Directive
- Nov 2008- text of proposed amendments to the EU Savings Tax Directive.
- August 2003. This UN Tax Committee document outlines some aspects of the history of information exchange initiatives since the 2002 Monterrey Consensus, including a discussion of OECD efforts to influence rival schemes.