Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: Niue 2016 Phase 2: Implementation of the Standard in Practice (eBook)

Oecd (Autor)

eBook Download: PDF

2016 | 1. Auflage
104 Seiten
OECD Publishing (Verlag)
978-92-64-25087-1 (ISBN)

Infos

This report contains the 2014 “Phase 2: Implementation of the Standards in Practice” Global Forum review of Niue.

The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 130 jurisdictions which participate in the work of the Global Forum on an equal footing.

The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention.

The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. “Fishing expeditions” are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard.

All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction’s legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.

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This report contains the 2014 "e;Phase 2: Implementation of the Standards in Practice"e; Global Forum review of Niue. The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 130 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "e;Fishing expeditions"e; are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined - Phase 1 plus Phase 2 - reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.

Inhalt

Table of Contents 5
About the Global Forum 7
Executive summary 9
Introduction 13
Information and methodology used for the peer review of Niue 13
Overview of Niue 14
Recent developments 19
Compliance with the Standards 21
A. Availability of information 21
Overview 21
A.1. Ownership and identity information 23
A.2. Accounting records 48
A.3. Banking information 54
B. Access to information 59
Overview 59
B.1. Competent Authority’s ability to obtain and provide information 60
B.2. Notification requirements and rights and safeguards 67
C. Exchanging information 69
Overview 69
C.1. Exchange-of-information mechanisms 71
C.2. Exchange-of-information mechanisms with all relevant partners 76
C.3. Confidentiality 77
C.4. Rights and safeguards of taxpayers and third parties 80
C.5. Timeliness of responses to requests for information 82
Summary of determinations and factors underlying recommendations 87
Annex 1: Jurisdiction’s response to the review report 93
Annex 2: List of all exchange of information mechanisms 97
Annex 3: List of all laws, regulations and other relevant material 101

Produkt-Details

• Erscheint lt. Verlag: 14.3.2016
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Öffentliches Recht
• Themenwelt: Recht / Steuern ► Steuern / Steuerrecht
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung
• Themenwelt: Wirtschaft ► Volkswirtschaftslehre ► Wirtschaftspolitik
• ISBN-10: 92-64-25087-5 / 9264250875
• ISBN-13: 978-92-64-25087-1 / 9789264250871