Tax Information Exchange Agreements (TIEA) are international agreements that allow governments to exchange information relevant to their national tax legislation and provided for by the TIEA. Jersey has concluded numerous TIEAs, in accordance with the principles of the OECD`s model tax treaty, to meet international standards in financial regulation, anti-money laundering and counter-terrorism. As set in the regulations, the information requested may be information as part of a person`s knowledge or belief or recorded in a document or other data set in any format that a person possesses in their possession, retention or control. Therefore, recipients of compratrol communications should pay attention to the extent of the information they store (and in what form) to ensure that they are dividing all relevant information in accordance with the market notice. Third-party notification is not required to designate the subject to whom it relates, provided it indicates an account number or other similar identifier for the necessary tax information. In the event that the third party`s disclosure does not mention a subject or does not know the taxpayer`s name and address at the time of notification of the third party, the compleur should provide the subject, within 7 days of receiving the third party`s response and information, with a copy of the third party`s communication (unless the comptulator has reasons not to notify the taxpayer as shown above). Tax Information Exchange Agreements (TIEA) provide for the exchange of information on request in the context of a specific criminal or civil tax investigation or civil tax matter under investigation.  A TIEA model has been developed by the OECD Global Forum Working Group on Effective Information Exchange. TIEAs differ from global international tax treaties (also known as tax treaties or double taxation agreements) because they do not contain provisions for the distribution of income tax duties.
Challenges to notifications issued by the compleur after receiving a notification may be selected by the subject or by a third party, (i) meet the requirements of the notice and provide the requested information within a fortnight of receiving the notification; (ii) challenge the notice of contract. TIEA`s objective is to ensure an effective exchange of information and to improve the transparency of taxpayers` financial agreements/transactions for tax purposes. TIEAs also provide an important momentum for achieving the OECD`s harmful tax practices initiative objectives. Ireland has also concluded TIEAs with Guernsey, the Isle of Man and Jersey. Agreements have also been reached with these countries with regard to the exemption from double taxation with regard to certain personal incomes and the establishment of procedures of mutual agreement in relation to the adjustment of the profits of associated companies. Fishing expeditions “fishing expeditions” are not permitted. This is for situations in which a foreign authority cannot provide the compleur with a reasonable basis for thinking that the person subject to a tax investigation has useful information. If a request is a fishing expedition, the compleur may refuse to provide the requested information.
The update of Article 26 of the OECD Model Tax Convention provides useful guidance on what a fishing expedition is and provides examples where applications are fishing expeditions. In Volaw, the Royal Court stated that “in deciding whether to respond to a request, the comptrolator may request clarification or additional information from the applicant public authorities, but is not required to do so; nor is it required to require the presentation of evidence in support of facts of which it is informed in order to verify it itself… It is not for him to reach a definitive conclusion on the truth: his role is not to act as a judicial judge, but to decide, taking into account the material at his disposal, whether they are “reasonable grounds” for ac
2020年12月21日 8:03 AM 未分類