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| Liechtenstein To Broaden Legal Assistance Law |
by Ulrika Lomas, Tax-News.com, Brussels
Friday, June 10, 2011
Liechtenstein’s government has recently submitted a proposal for consultation,
which aims to extend legal assistance in criminal tax matters by implementing changes
to the Principality’s existing legal assistance law and by agreeing to the additional
protocol to the European legal aid agreement.
Under current law, providing legal assistance in criminal tax matters is strictly
prohibited. Liechtenstein’s government maintains in its release, however,
that although there are three exceptions to this, the provisions are currently
very limited both as regards their content and as regards the circle of countries
with which such requests are accepted.
The government explains that with its declaration of March 12, 2009, Liechtenstein
agreed with the states concerned to implement international standards pertaining
to an exchange of information in tax matters. It notes that in the tax information
and double taxation agreements that have so far been concluded, the Principality
has pledged to provide comprehensive mutual assistance, including searches and
seizures, some of which fall outside of its own criminal tax proceedings.
Consequently, the government argues that such restrictive legislation in the
area of legal assistance in criminal tax matters is inconsistent with its newly
adopted strategy and therefore carries a very real risk to the country’s
reputation, which, it emphasizes, should not be underestimated.
Liechtenstein’s government has therefore proposed that the scope for
providing legal assistance in criminal tax matters be widened. It has also underlined
the need to agree to the additional protocol to the European agreement on legal
assistance in criminal matters, and suggested that the general fiscal reservation
provided for under article 51 of the country’s legal assistance law (RHG) should
be removed and replaced by the introduction of a new article 51 paragraph 1 providing that limited legal assistance should also be permitted in the case
of tax evasion.
The consultation period is due to last until July 29.
A comprehensive report in our Intelligence Report series,
examining in depth the situation of offshore transparency and secrecy in a number
of the most prominent jurisdictions, is available in the Lowtax Library at
http://www.lowtaxlibrary.com/asp/subs_reports.asp
and a description of the report can be seen at
http://www.lowtaxlibrary.com/asp/description_report2.asp
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