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| Switzerland Adopts Administrative Assistance Ordinance |
by Ulrika Lomas, Tax-News.com, Brussels
Monday, September 06, 2010
The Swiss Federal Council has adopted the administrative
assistance ordinance governing the implementation of administrative assistance
provisions contained in either new or revised double taxation agreements (DTAs)
in accordance with the Organization for Economic Cooperation and Development’s
(OECD) standard.
The federal administration states that: “The ordinance on the provision
of administrative assistance in accordance with DTAs governs the requirements
for providing and implementing administrative assistance. If a country submits
a request for administrative assistance on the basis of a DTA concluded with Switzerland,
then the federal tax administration (FTA) will conduct a preliminary examination.”
It adds: “The prerequisite for the request is that it is in line with the
principle of good faith. Requests for administrative assistance will be rejected
if they are based on information which was obtained or forwarded due to actions
which are punishable under Swiss law.”
According to the administration, another core requirement mentioned in the ordinance
is the provision of detailed information to clearly identify both the individual concerned and
the holder of the information. Emphasizing that Switzerland will not provide administrative
assistance in the case of fishing expeditions, the administration notes that the
procedural rights of those concerned will in any case remain fully safeguarded
and that those concerned may file an appeal with the federal administrative court
against the FTA conclusive decrees, upon which the provision of administrative
assistance is based and which determine the extent of the information to be provided.
The ordinance will apply to all administrative assistance requests within the
scope of new or revised DTAs entering into force after the enactment of the ordinance.
In the case of existing DTAs that have not been revised after the enactment of
the ordinance, existing procedural regulations will apply.
The administrative assistance ordinance is due to enter into force on October
1, 2010, to be replaced as swiftly as possible by an administrative assistance
act, which is currently being drawn up.
On March 13, 2009, the Swiss Federal Council took the decision to adopt the standard
set out in article 26 of the OECD Model Convention with respect to international
administrative assistance in tax matters. Switzerland has since negotiated new
DTAs or correspondingly revised DTAs with over two dozen states.
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