International Exchange of Information in Tax Matters

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INTERNATIONAL EXCHANGE OF
INFORMATION IN TAX MATTERS
ELGAR TAX LAW AND PRACTICE
The Elgar Tax Law and Practice series is a library of works by leading practitioners and
scholars covering discrete areas of law in the field of Taxation. The titles in the series
are analytical in approach, highlighting and unpicking the legal issues that are most
critical and relevant to practice. Designed to be detailed, focused reference works, the
books in this series aim to offer an authoritative statement on the law and practice in
key topics within the field, such as Value Added Tax, Exchange of Information, and
International Tax Treaties.
Titles in the series include:
Judicial Interpretation of Tax Treaties
The Use of the OECD Commentary
Carlo Garbarino
A Guide to the Anti-Tax Avoidance Directive
Edited by Werner Haslehner, Katerina Pantazatou, Georg Kofler and Alexander Rust
EU Value Added Tax Law
KPE Lasok KC
EU Tax Disclosure Rules
Mandatory Reporting of Cross-border Transactions for Taxpayers and Intermediaries
Florian Haase
Beneficial Ownership in International Taxation
Błażej Kuźniacki
International Exchange of Information in Tax Matters
Towards Global Transparency, Third Edition
Xavier Oberson
 INTERNATIONAL
EXCHANGE OF
INFORMATION IN TAX
MATTERS
Towards Global Transparency

THIRD EDITION

XAVIER OBERSON
Professor of Law, University of Geneva, Switzerland

ELGAR TAX LAW AND PRACTICE

Cheltenham, UK • Northampton, MA, USA

© Xavier Oberson 2023

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted
in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the
prior permission of the publisher.

Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK

Edward Elgar Publishing, Inc.

William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA

A catalogue record for this book

is available from the British Library

Library of Congress Control Number: 2023930035

This book is available electronically in the

Law subject collection
http://dx.doi.org/10.4337/9781800884915

ISBN 978 1 80088 490 8 (cased)

ISBN 978 1 80088 491 5 (eBook)
 CONTENTS

Extended contentsvi
List of abbreviationsxv
Table of casesxviii
Table of legislationxxi

1 Introduction to International Exchange of Information in Tax Matters1

2 Historical development of international exchange of information rules 5

3 Exchange of information under Double Taxation Conventions 17

4 A practical example: administrative assistance and exchange of information between the

United States and Switzerland 51

5 Assistance in the collection of taxes under DTC 62

6 Tax Information Exchange Agreements (TIEAs) 69

7 The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 82

8 The EU Directives 95

9 The so-called Swiss ‘Rubik’ agreements 164

10 The Foreign Account Tax Compliance Act (FATCA) 172

11 Towards automatic exchange of information 187

12 Automatic exchange of information (AEOI): the OECD Common Reporting Standard 207

13 Solving the past 229

14 The impact of the OECD Base Erosion and Profit Shifting (BEPS) Programme 236

15 Exchange of information on digital platforms 269

16 Exchange of information on crypto-assets and crypto-currencies 279

17 Legal protection of the taxpayer 288

18 Conclusion to International Exchange of Information in Tax Matters341

General bibliography350
Index365

v
 EXTENDED CONTENTS

List of abbreviationsxv
Table of casesxviii
Table of legislationxxi

1 INTRODUCTION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

MATTERS

2 HISTORICAL DEVELOPMENT OF INTERNATIONAL EXCHANGE OF

INFORMATION RULES
I. FIRST MODELS 2.01
II. THE DEVELOPMENT OF THE INITIATIVE AGAINST HARMFUL TAX COMPETITION AND
ITS IMPACT 2.07
III. DEVELOPMENTS AT THE EU LEVEL 2.11
IV. THE ‘BIG BANG’ 2.13
V. TOWARDS AUTOMATIC EXCHANGE OF INFORMATION 2.27
VI. THE IMPACT OF THE BEPS INITIATIVE 2.36
VII. NEW MODELS 2.39

3 EXCHANGE OF INFORMATION UNDER DOUBLE TAXATION CONVENTIONS

I. TOWARDS A MODEL DTC 3.001
A. Introduction 3.001
B. The Drafts of the League of Nations 3.003
C. The OECD Model DTC 3.006
D. The UN Model DTC 3.010
E. The US Model DTC 3.011
II. THE SCOPE AND CONDITIONS OF EXCHANGE OF INFORMATION 3.013
A. Material Scope 3.013
1. The standard of foreseeable relevance 3.013
2. The prohibition of fishing expeditions 3.022
3. An alternative (intermediary) solution: exchange of information in cases of ‘tax
fraud’3.025
4. Identification of the taxpayer 3.030
5. Group request 3.031
6. Bulk requests (requests based on a list) 3.038
B. Personal Scope 3.042
C. Taxes Covered 3.043
III. COMPETENCE AND SECRECY RULE 3.044
IV. FORMS OF EXCHANGE OF INFORMATION 3.059
A. Upon Request 3.060
B. Spontaneous 3.061
C. Automatic 3.062
D. Tax Examination Abroad 3.064
E. Simultaneous Examination 3.066

vi
 EXTENDED CONTENTS

F. Joint Audits 3.067

G. Industry-wide Exchange of Information 3.068
V. LIMITS TO THE EXCHANGE OF INFORMATION 3.069
A. In General 3.069
B. Principle of Good Faith 3.071
C. Principle of Subsidiarity 3.076
D. Principle of Specialty 3.078
E. Domestic Limits and Principle of Reciprocity 3.081
F. Trade or Business Secret 3.088
G. Public Policy 3.092
H. The Derogation of Article 26 para 5 of the OECD Model 3.094
1. Introduction 3.094
2. Banks and financial institutions 3.098
3. Nominee, agent or fiduciary 3.100
4. Ownership interest 3.103

4 A PRACTICAL EXAMPLE: ADMINISTRATIVE ASSISTANCE AND

EXCHANGE OF INFORMATION BETWEEN THE UNITED STATES AND
SWITZERLAND
I. INTRODUCTION 4.01
II. THE LEGAL FRAMEWORK 4.05
A. The Switzerland–United States Income Tax Convention of 1951 4.05
B. The Switzerland–United States Income Tax Convention (1996) 4.07
1. General principles 4.07
C. The Switzerland/United States Protocol of 2009 4.15
III. THE DEVELOPMENTS 4.17
A. The UBS Saga 4.17
1. The decision of the Federal Administrative Court (FAC) of 5 March 2009 4.17
2. The UBS agreement 4.22
B. Other Ongoing Procedures against Swiss Banks 4.27
C. The DoJ Programme of 2013 4.30
D. Conclusions 4.31

5 ASSISTANCE IN THE COLLECTION OF TAXES UNDER DTC

I. INTRODUCTION 5.01
II. SCOPE 5.07
III. ASSISTANCE PROCESS 5.11
A. Collection of Taxes 5.12
B. Measures of Conservancy 5.16
C. Disputes and Procedural Rules (Time Limits, Priority) 5.18
IV. LIMITS 5.22

6 TAX INFORMATION EXCHANGE AGREEMENTS (TIEAS)

I. INTRODUCTION 6.01
II. THE OECD MODEL TIEA 6.10
A. Introduction 6.10
B. Scope of Application 6.14
C. Forms of Assistance 6.17
1. Exchange of information upon request 6.17
2. Spontaneous and automatic exchange 6.24
3. Tax examinations abroad 6.26
D. Secrecy Clause 6.28
E. Limits 6.30
1. Legislation of the applicant State 6.30

vii
EXTENDED CONTENTS

2. Trade, business or professional secret (excluding bank secrecy) 6.31

3. Client–attorney privilege 6.32
4. Public order 6.33
5. Enforcement of tax claim 6.34
6. Discrimination 6.35
F. Abolition of the Dual Criminality Principle 6.36
G. Protection of the Taxpayer 6.40

7 THE OECD CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN

TAX MATTERS (CMAAT)
I. INTRODUCTION 7.01
II. SCOPE 7.04
III.SECRECY RULE 7.07
IV. FORMS OF ASSISTANCE 7.11
A. Exchange of Information 7.12
B. Assistance in Recovery and Measures of Conservancy 7.16
C. Service of Documents 7.21
V. LIMITS 7.23
A. Principle of Subsidiarity 7.23
B. Other Limits 7.24
VI. RIGHTS OF THE TAXPAYER 7.28
VII. IMPLEMENTATION OF THE CONVENTION: THE COORDINATING BODY 7.31
VIII. RELATIONS WITH OTHER INSTRUMENTS 7.34
IX. SIGNATURE, ENTRY INTO FORCE AND RESERVATIONS 7.36
A. Signature 7.36
B. Entry into Force 7.37
C. Reservations 7.40

8 THE EU DIRECTIVES
I. GENERAL INTRODUCTION 8.001
II. THE MUTUAL ASSISTANCE DIRECTIVE 8.004
III. THE SAVINGS DIRECTIVE 8.006
A. Introduction: Historical Developments 8.006
B. Main Content and Functioning of the Directive 8.017
1. Essential features 8.017
2. Beneficial owner 8.019
3. Paying agent 8.023
4. Interest payment 8.027
C. Automatic Exchange of Information 8.030
D. The Transitional Withholding Tax Mechanism 8.035
1. The system 8.035
2. End of the transitional period 8.039
E. Agreements with Third Countries 8.041
1. In general 8.041
F. A Concrete Example: The EU–Swiss Agreement on the Taxation of Savings 8.045
1. Background 8.045
2. Main features of the Savings Agreement 8.048
3. The retention of interest 8.053
i) Interest 8.057
ii) Paying agent 8.063
iii) Interest paid to a resident of an EU Member State 8.065
iv) The individual is the beneficial owner 8.067
4. Basis of retention 8.075
5. Elimination of double taxation and revenue sharing 8.076
6. Exchange of information 8.078

viii
 EXTENDED CONTENTS

i) Overview 8.078
ii) Tax fraud and the like 8.082
7. Extension of rules comparable to the EU Parent Subsidiary and EU Interest
and Royalty Directives 8.085
G. Assessment and Repeal of the Directive 8.094
IV. THE DIRECTIVE ON ADMINISTRATIVE COOPERATION IN THE FIELD OF TAXATION 8.099
A. The Directive on Administrative Cooperation (DAC) of 2011 8.099
1. Introduction 8.099
2. Scope 8.103
3. Organization 8.107
4. Forms of administrative assistance 8.108
5. Exchange of information upon request 8.110
6. Spontaneous exchange of information 8.115
7. Automatic exchange of information 8.119
8. Other forms of assistance 8.126
9. Secrecy clause 8.133
10. Limits 8.135
11. Legal protection of taxpayers 8.140
12. Most favoured nation clause 8.141
13. Coordination 8.143
B. The Introduction of Automatic Exchange of Information on Financial Accounts in
the DAC (DAC 2) 8.147
1. Introduction 8.147
2. Main content 8.148
C. Automatic Exchange of Tax Rulings under the DAC (DAC 3) 8.149
D. Automatic Exchange of Country-by-Country Reports in the DAC (so-called DAC 4) 8.150
E. Access by Tax Authorities to Beneficial Ownership Information (so-called DAC 5) 8.151
F. Automatic Exchange of Information on Reportable Cross-border Arrangements
(so-called DAC 6) 8.152
G. Reporting Obligations on Platform Operators (DAC 7) 8.153
V. THE DIRECTIVE ON PUBLIC COUNTRY-BY-COUNTRY REPORTING 8.154
VI. THE DIRECTIVE CONCERNING MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS 8.155
A. Introduction 8.155
B. Scope 8.160
C. Organization 8.164
D. Forms of Assistance 8.165
1. Exchange of information 8.166
2. Assistance for the notification of documents 8.169
3. Assistance for recovery 8.171
i) The request 8.171
ii) The execution of the request 8.172
4. Precautionary measures 8.173
E. Disputes 8.175
F. Limits 8.178
G. Secrecy Rules 8.182
H. Coordination 8.183
VII. ADMINISTRATIVE COOPERATION IN THE FIELD OF INDIRECT TAXES 8.184
A. Introduction 8.184
B. Intra-Community Trade Statistical Information System 8.186
C. Regulation on the Administrative Cooperation and Combating Fraud in the Field
of VAT 8.188
1. Historical developments 8.188
2. Scope 8.196
i) Purpose 8.196
ii) Competent authorities 8.198
3. Forms of assistance 8.201

ix
EXTENDED CONTENTS

i) Exchange of information on request 8.201

ii)Exchange of information without prior request (automatic and
spontaneous exchange of information) 8.203
iii) Feedback 8.209
iv) Storage 8.210
v) Request for administrative notification 8.211
vi) Presence in administrative offices 8.212
vii) Simultaneous controls 8.213
viii) Information to taxable persons 8.214
ix) Eurofisc 8.215
4. Special rules 8.216
i) Special schemes for electronically supplied services 8.216
ii) Exchange and conservation of information pertaining to VAT refunds 8.221
iii) Relation with the Commission and third States 8.223
5. Conditions governing the exchange of information 8.225
i) Form 8.226
ii) Limits 8.227
iii) Secrecy rules 8.231
6. Coordination 8.237
D. Administrative Cooperation on Excise Duties 8.239

9 THE SO-CALLED SWISS ‘RUBIK’ AGREEMENTS

I. INTRODUCTION 9.01
II. REGULARIZATION OF THE PAST 9.06
A. Conditions 9.06
B. Consequences 9.09
III. WITHHOLDING TAX ON INCOME AND FUTURE GAINS 9.16
IV. ACCOMPANYING MEASURES 9.21
V. CONCESSIONS TO SWITZERLAND 9.24
VI. ASSESSMENT 9.27

10 THE FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA)

I. INTRODUCTION 10.01
II. FATCA RULES 10.05
A. In General 10.05
1. Introduction 10.05
2. Withholdable payments to foreign financial institutions (FFIs) 10.06
3. Withholdable payments to other foreign entities 10.14
4. Comments 10.19
III. INTERGOVERNMENTAL AGREEMENTS (IGA) 10.26
A. Introduction 10.26
B. Model 1 IGA 10.31
C. Model 2 IGA 10.34
1. In general 10.34
2. The United States IGA with Switzerland 10.36
D. Other FATCA Models 10.40
IV. ISSUES 10.41
A. A Major Development 10.41
B. Reciprocity 10.43
C. FATCA as a New Standard 10.50

11 TOWARDS AUTOMATIC EXCHANGE OF INFORMATION

I. HISTORICAL PERSPECTIVE 11.01
II. FORMS OF AUTOMATIC EXCHANGE OF INFORMATION (AEOI) 11.08
A. Legal Basis 11.08

x
 EXTENDED CONTENTS

B. Main Features and Functioning of the Various Models 11.14

1. Introduction 11.14
2. The EU system 11.16
3. The FATCA system 11.29
4. The OECD system 11.31
5. The Swiss anonymous withholding alternative approach 11.34
C. Comparison of Automatic Exchange vs Withholding Models 11.38
1. Commonalities 11.38
2. Differences 11.42
3. Overall assessment 11.46
D. The Impact of Anti-Money Laundering (AML) Legislation 11.50
1. Introduction 11.50
2. Identification of the beneficial owner 11.51
3. Tax crime as a predicate offence of AML 11.60

12 AUTOMATIC EXCHANGE OF INFORMATION (AEOI): THE OECD

COMMON REPORTING STANDARD
I. INTRODUCTION 12.01
II. MAIN FEATURES 12.07
A. General Principles 12.07
B. The Success Factors of the Model 12.08
1. Common standard 12.09
2. Legal and operational basis 12.11
3. Common or compatible technical solutions 12.14
III. THE STANDARD ON AUTOMATIC EXCHANGE OF FINANCIAL INFORMATION 12.15
A. In General 12.15
B. The Common Reporting Standard 12.18
1. In general 12.18
2. General reporting requirements 12.23
3. General due diligence requirements 12.26
4. Due diligence for individual accounts 12.29
i) Pre-existing accounts 12.29
ii) New accounts 12.39
5. Entities 12.40
i) Pre-existing accounts 12.40
ii) New accounts 12.44
6. Mandatory disclosure rules for CRS avoidance 12.45
C. The Model Competent Authority Agreement (Model CAA) 12.50
1. Introduction 12.50
2. Automatic exchange of information 12.54
3. Collaboration on compliance and enforcement 12.60
4. Confidentiality and data safeguards 12.63
5. Consultation, amendments and term of the agreement 12.68

13 SOLVING THE PAST

I. INTRODUCTION 13.01
II. THE SWISS ‘RUBIK’ AGREEMENTS 13.04
III. THE LIECHTENSTEIN DISCLOSURE FACILITY (LDF) 13.07
IV. THE UNITED STATES DOJ PROGRAMME FOR SWISS BANKS INVOLVED IN TAX EVASION
WITH US TAXPAYERS 13.09

14 THE IMPACT OF THE OECD BASE EROSION AND PROFIT SHIFTING

(BEPS) PROGRAMME
I. INTRODUCTION 14.001

xi
EXTENDED CONTENTS

II. COUNTRY-BY-COUNTRY REPORTING 14.003

A. In General 14.003
B. Implementation 14.008
C. CbC Reporting in the EU 14.015
III. INTERNATIONAL EXCHANGE OF INFORMATION ON RULINGS 14.017
A. Introduction 14.017
B. Rulings in General 14.019
C. BEPS (Action 5) Compulsory Spontaneous Exchange of Information on Rulings 14.023
1. Rulings in the scope 14.023
2. Jurisdictions receiving the information 14.027
3. Information subject to exchange 14.029
4. Implementation of the framework 14.030
i) Legal basis 14.030
ii) Timeline 14.031
iii) Methods of exchange 14.033
iv) Reciprocity 14.034
5. Confidentiality of the information exchanged 14.035
6. Best practices 14.037
D. Automatic Exchange of Information on Rulings in the EU 14.038
1. Introduction 14.038
2. Automatic exchange 14.041
i) Scope and conditions of mandatory automatic exchange 14.041
ii) Information to be exchanged 14.045
iii) Confidentiality 14.048
E. Differences between the EU Model and OECD Action 5 Model of Exchange of
Information on Rulings 14.049
IV. EXCHANGE OF INFORMATION AS A FOLLOW-UP OF MANDATORY DISCLOSURE RULES 14.053
A. Introduction 14.053
B. Mandatory Disclosure Rules under BEPS 14.055
C. Model Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque
Offshore Structures (MMDR) 14.058
1. In general 14.058
2. Rule 14.062
3. CRS avoidance arrangement 14.063
4. Opaque offshore structure 14.066
5. Intermediaries 14.068
D. Mandatory Disclosure of ATP Arrangement under the EU DAC 6 14.070
1. In general 14.070
2. Rule 14.072
3. Material scope of the rule 14.074
4. Persons subject to reporting (notably intermediaries) 14.076
i) Intermediaries 14.076
ii) Secondary reporting: the relevant taxpayer 14.081
iii) Legal professional privilege (LPP) 14.085
5. Reportable cross-border arrangements 14.087
i) General conditions 14.087
ii) The Main Benefit Test (MBT) 14.091
iii) Generic hallmarks linked to the MBT 14.092
iv) Specific hallmarks linked to the MBT 14.095
v) Specific hallmarks related to cross-border transactions 14.098
vi) Specific hallmarks concerning automatic exchange of information and
beneficial ownership 14.101
vii) Specific hallmark concerning transfer pricing 14.104
6. Automatic exchange 14.105
7. Penalties 14.107
8. Impact 14.108
V. CONCLUSION 14.110

xii
 EXTENDED CONTENTS

15 EXCHANGE OF INFORMATION ON DIGITAL PLATFORMS

I. INTRODUCTION 15.01
II. THE OECD MODEL REPORTING RULES ON ONLINE PLATFORMS 15.02
III. EXCHANGE OF INFORMATION COLLECTED BY PLATFORMS WITHIN THE EU (DAC 7) 15.04
A. In General 15.04
B. Definitions 15.07
1. Reporting platform operators 15.07
2. Reportable sellers 15.11
C. DUE DILIGENCE RULES15.13
D. REPORTING OBLIGATIONS15.15
E. AUTOMATIC EXCHANGE OF INFORMATION15.19
F. DATA PROTECTION15.21
G. IMPLEMENTATION 15.23

16 EXCHANGE OF INFORMATION ON CRYPTO-ASSETS AND

CRYPTO-CURRENCIES
I. INTRODUCTION 16.01
II. LEGAL AND TAX CHALLENGES 16.03
III.RULES AGAINST MONEY LAUNDERING 16.07
IV. CURRENT TAX SITUATION 16.11
V. OECD PROPOSALS TO DEVELOP A CRYPTO-ASSET FRAMEWORK (CARF) AND AMEND
THE CRS 16.15
VI. TOWARDS CHANGES TO THE RULES OF EXCHANGE OF INFORMATION IN THE EU
(DAC 8) 16.20

17 LEGAL PROTECTION OF THE TAXPAYER

I. INTRODUCTION 17.001
II. RIGHTS OF THE TAXPAYERS IN GENERAL 17.006
III. PROTECTION OF THE TAXPAYER UNDER INTERNATIONAL TAX TREATIES 17.011
A. In General 17.011
B. Principle of Subsidiarity 17.016
C. Foreseeable Relevance 17.018
D. Secrecy Rules 17.021
1. The OECD Model DTC 17.021
2. TIEA 17.030
3. CoE/OECD Multilateral Convention 17.031
4. IGAs 17.033
5. Model CAA following the OECD standard of AEOI 17.037
6. Comments 17.039
E. Limits to the Exchange 17.043
1. In general 17.043
2. Principle of reciprocity 17.044
3. Protection of trade, business or professional secrets 17.045
4. Protection of good faith 17.047
5. Principle of specialty 17.048
6. Public policy and use of stolen data 17.049
F. Procedural Rights 17.052
IV. EUROPEAN COURT OF HUMAN RIGHTS (ECTHR) 17.053
V. TAXPAYER PROTECTION RULES AT THE EU LEVEL 17.067
A. Data Protection Rules 17.067
B. EU Directives on Exchange of Information 17.080
1. Secrecy and data protection 17.080
2. Procedural rights, notably right to be informed 17.083
3. Right to an effective remedy 17.094
VI. CONSTITUTIONAL RULES 17.107

xiii
EXTENDED CONTENTS

VII. IMPLEMENTATION OF THE LEGAL PROTECTION OF THE TAXPAYER 17.109

A. Substantive and Procedural Rights 17.109
B. Taxpayer Protection in the Exchange of Information Process 17.111
1. The exchange of information process as an independent administrative
procedure17.111
2. Substantive rights 17.121
3. Procedural rights 17.123
i) In general 17.123
ii) Right to be informed of the information exchange 17.126
iii) Right to participate in the investigations in the requested State 17.135
iv) Right to challenge the assessment decision in the requesting State 17.139
v) Right to an effective remedy 17.142
vi) Rules of conduct of States in the exchange of information process 17.143
C. Taxpayer Protection in the Context of Automatic Information Exchange 17.146
D. Towards International Protection of Taxpayers? 17.151

18 CONCLUSION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

MATTERS

General bibliography350
Index365

xiv
 ABBREVIATIONS

AEOI Automatic Exchange of Information

AML Anti-Money Laundering
Archives Archives de droit fiscal suisse (ASA) (periodical)
ATF ‘Arrêt du Tribunal Fédéral’
BEPS Base Erosion and Profit Shifting
CAA Competent Authority Agreement
CARF Crypto-Asset Reporting Framework
CDFI Cahiers de Droit Fiscal International
CMAAT CoE/OECD Multilateral Convention on Administrative Assistance
in Tax Matters
CoE Council of Europe
CRS Common Reporting Standard
DAC EU Directive on Administrative Assistance
DoJ United States Department of Justice
DPD Data Protection Directive
DTC Double Taxation Convention
DTT Double Taxation Treaty
EATLP European Association of Tax Law Professors
ECHR European Convention on Human Rights
ECtHR European Court of Human Rights
ECJ European Court of Justice
ECOFIN Economic and Financial Affairs Council
EID Exchange of Information Directive
EOI Exchange of Information
ET European Taxation (periodical)
EUDAC EU Directive on Administrative Assistance
EUSD EU Savings Directive
FAC Federal Administrative Court
FATCA Foreign Account Tax Compliance Act
FATF Financial Action Task Force

xv
ABBREVIATIONS

FFI Foreign Financial Institution

FIU Financial Intelligence Unit
FStR IFF Forum für Steuerrecht (periodical)
FTA Federal Tax Administration
GDPR General Data Protection Regulation (EU)
GIIN Global Intermediary Identification Number
Global Global Forum on Transparency and Exchange of Information for Tax
Forum Purposes
G5 Group of Five
G8 Group of Eight
G20 Group of Twenty
IAAT Swiss Federal Law on Administrative Assistance in Tax Matters
IBFD International Bureau of Fiscal Documentation
IFA International Fiscal Association
IGA Intergovernmental Agreement
IMAC Swiss Federal Law on Administrative Assistance in Criminal Matters
Intertax International Taxation (periodical)
IRC International Revenue Code (USA)
IRS Internal Revenue Service (USA)
KYC Know Your Customer
LDF Liechtenstein Disclosure Facility
LoN League of Nations
MCAA Multilateral Competent Authority Agreement
MFN Most Favoured Nation
MMDR Model Mandatory Disclosure Rules
MoU Memorandum of Understanding
NFE Non-Financial Entity
NFFE Non-Financial Foreign Entity
NFT Non-Fungible Token
OECD Organisation for Economic Co-operation and Development
OECD OECD Model Double Taxation Convention on Income and on
Model Capital
OJ Official Journal of the EU
QI Qualified Intermediary
TFEU Treaty on the Functioning of the EU
TIEA Tax Information Exchange Agreement

xvi
 ABBREVIATIONS

TIEA Model Agreement on Exchange of Information in Tax Matters

Model
TIN Taxpayer Identification Number
TNI Tax Notes International (periodical)
UCI Undertakings for Collective Investment
UCITS Undertakings for Collective Investment in Transferable Securities

xvii
 TABLE OF CASES

INTERNATIONAL

European Court of Human Rights

Engel and Others v the Netherlands, Nos 5100/71; 5101/71; 5102/71; 5354/72;
5370/72, 8 June 197617.064
Ferrazzini v Italy, No. 44759/98, ECHR 2001 VII, 12 July 200117.063,
17.125
F.S. v Germany, No. 30128/96, 27 November 199617.059
G.S.B v Suisse, No. 28601/11, 22 December 2015 4.26, 17.060, 17.147
J.B. v Switzerland, No. 31827/96, 3 May 200117.064
L.B. v Hungary, No. 36345/1612, January 202117.061
Michaud v France, No. 12323/11, 6 December 201217.058
N.K.M. v Hungary, No. 66529/11, 14 May 2013 17.055, 17.056
Ravon and Others v France, No. 1849/03, 21 February 200817.064
Satakunnan Markkinapörssi Oy and Satamedia Oy v Finland, No. 931/13, 27
June 201717.061

European Court of Justice

Berlioz Investment Fund SA (C-682/15), ECLI:​EU:​C:​2017:​373, 16 May 2017

 17.094, 17.095, 17.104, 17.127, 17.136, 17.142, 17.151, 18.21
Commission v Portugal (Case C-493/09), 6 October 20118.157
État Luxembourgeois (C-245/19 and C-246/19), Judgement of the EUCJ, of 6
October 2020 17.096, 17.097, 17.099, 17.100, 17.101, 17.102, 17.103, 17.104,
17.105, 17.117, 17.127, 17.136, 17.151, 18.21
Google Spain SL, Google Inc (Case C-131/12), ECLI:​EU:​C:​2014:​317, 13 May
201417.072
Haribo and Österreichische Salinen (Cases C-436/08 and C-437/08), ECR
I-305, 10 February 20118.005
Jyske Bank Gibraltar Ltd (Case C-212/11), 25 April 201311.53

xviii
 TABLE OF CASES

Milan Kyrian (Case C-233/08), ECR-I-00177, 14 January 20108.176

Optigen and Others (Cases C-354/03, C-355/03 and C-484/03), ECR I-0483,
Judgment of 12 January 20068.190
Persche (Case C-318/07), ECR I-359, 27 January 20098.005
Sabou (C-276/12), ECLI:​EU:​C:​2013:​678, 22 October 201317.083–17.092,
17.095, 17.104, 17.112, 17.117, 17.127, 17.136, 17.139, 17.151, 18.21–18.23
Schrems v Data Protection Commissioner (C-362/14), ECLI:​EU:​C:​2015:​650, 6
October 201517.148
Smaranda Bara (Case C-201/14), ECLI:​EU:​C:​2015:​638, 1 October 2015
17.072
W.N. v Staatssecretaris fan Financien (Case C-420/98), ECR I-2847, 13 April
20008.116

NATIONAL

Germany

Court of Cologne Judgment of 20 August 2008, 2V 1948/08, EFG 20081764

3.050

Switzerland

FAC, 6 January 2014, A-5390/20134.29

FAC, 13 March 2013, A-6011/20124.28
FAC, 5 April 2012, A-737/20124.28
FAC, 12 December 2011, A-2866/20114.25
FAC, 23 March 2011, A-6903/2010 3.105, 4.25
FAC, 15 July 2010, A-4013/20104.24
FAC, 21 January 2010, A-7789/20094.23
FAC, 5 January 2010, B-1092/20094.21
FAC Decision of 5 March 2009, A-7342/2008 and A-7426/2008, (UBS I)
 2.24, 3.033, 3.035, 4.09, 4.18–4.20
SC, 18 December 2017, 2C_640/2016 3.020, 4.14, 13.20
SC, 1 September 2017, 2C_643/20163.024
SC, 26 July 2017, 4A_73/2017 13.19, 17.121
SC, 17 March 2017, 2C_1000/2015, ATF 143 II 2243.073
SC, 16 February 2017, 2C_893/2015, ATF 143 II 2023.073
SC, 8 December 2016, 2C_904/20153.020
SC, 22 September 2016, 4A_83/2016 13.19, 17.121
SC, 12 September 2016, 2C_276/2016, ATF 143 II 1363.036

xix
TABLE OF CASES

SC, 15 March 2016, 2C_690/20153.018

SC, 1 March 2016, 2C_594/20153.018
SC, 24 September 2015, 2C_1174/2014, ATF 142 II 161 3.018, 3.099
SC, 5 July 2013, 2C_269/20134.28
SC, 15 July 2011, ATF 137 II 4314.21
SC, 10 August 2006, 2A.608/20054.09
SC, 12 April 2006, 2A.430/2005 3.020, 4.09
SC, 27 January 2004, RDAF 2004 II 4.09, 4.13
SC, 12 April 2002, RDAF 2002 II4.09
SC, 12 April 2002, 2A.551/20014.11
SC, 6 February 2002, 2A.250/20014.11
SC, 4 April 1989, ATF 125 II 2508.082
SC, 22 June 1984, ATF 110 Ib 2468.082
SC, 16 May 1975, ATF 101 Ib 1604.06
SC, 23 December 1970, ATF 96 I 7374.06

United States

Aloe Vera, District Court for the District of Arizona, 11 February 20153.055
Florida Bankers Association et al. v United States Department of Treasury et al.,
District Court of Columbia, Civil Action n. 13.52910.47

xx
 TABLE OF LEGISLATION

INTERNATIONAL TREATIES Article 47 17.094, 17.096,

17.098–17.101, 17.104–17.105,
Agreement between Germany and 17.117, 17.127, 17.136, 17.142
Switzerland on the future tax treatment Article 5217.098–17.099
of capital investment income and the CoE/OECD Multilateral Convention on
treatment of previously undeclared funds Mutual Administrative Assistance in
(21 September 2011)9.03 Tax Matters (CMAAT) 1998 amended
Agreement between Switzerland and by the Protocol of 20101.11,
the Austrian Republic on the future 2.06, 2.21, 2.32, 5.04, 5.05, 6.05,
tax treatment of capital investment 6.12, 7.01–7.44, 8.144, 8.158, 8.183,
income and the treatment of previously 10.28, 10.45, 11.02, 11.11, 11.32,
undeclared funds (13 April 2012)9.03, 12.04, 12.12, 12.13, 12.16–12.17,
9.13, 9.26, 11.35, 11.49 12.50, 12.64, 14.013, 14.056, 16.18,
Agreement between the Swiss Confederation 17.016, 17.032, 17.037, 17.118,
and the United Kingdom of Great Britain
17.121, 17.124, 18.02, 18.11, 18.12
and Northern Ireland on cooperation in
Article 17.04–7.06
the area of taxation (6 October 2011)
para 27.04
 9.03, 9.11, 9.13, 9.22, 9.23, 9.26,
para 37.05
11.35, 11.49
Agreement between the Swiss Confederation para 47.06
and the United States of America Article 27.06
regarding information requests from the para 17.06
Internal Revenue Services of the United Article 317.052
States of America relating to the UBS, Article 4 7.12, 7.14
19 August 20094.22–4.24 para 17.13
Protocol, 2009 3.033, 4.15–4.16, 4.32, Article 5 7.13, 17.052
13.16 Article 6 6.25, 7.13, 7.15, 11.11,
Belgium and France Taxation Treaty 1843 14.008
2.01 Article 7 6.25, 7.13, 14.030, 17.052
Belgium and the Netherlands Taxation Treaty Article 87.13
18452.01 Article 97.13
Charter of Fundamental Rights of the EU Article 11
 8.248, 17.007, 17.067 para 17.16
Article 7 14.086, 17.068, 17.098, para 2 7.16, 7.18
17.099 Article 127.19
Article 8 17.067–17.068, 17.099 Article 137.18
Article 1617.105 para 17.18
Article 1717.105 Article 147.26
Article 2017.105 para 17.20
para 37.20

xxi
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