INTERNATIONAL TAX PLAZA : OECD publishes Model Protocol to amend existing TIEAs for the purpose of allowing the Automatic and Spontaneous Exchange of Information under a TIEA

In April 2002 the OECD Global Forum Working Group on Effective Exchange of Information published a Model Agreement on Exchange of Information on Tax Matters (Hereafter: the Model TIEA). This Model TIEA contains an Article 5 which contains regulations arranging for the Exchange of Information Upon Request. As the current Model TIEA does not provide for the possibility of the Automatic Exchange of Information or the Spontaneous Exchange of Information, and according to the OECD most of the TIEAs currently in place reflect this approach, appropriate model wording for allowing the automatic and/or spontaneous exchange of information under a TIEA in these instances is made available by the OECD.

On August 7, 2015 the OECD published a Model Protocol to amend existing TIEAs for the purpose of allowing the Automatic and/or Spontaneous Exchange of Information under a TIEA. This Model Protocol a.o. contains suggestions for a text to change Article of 5 existing TIEAs in such ways that they create the possibility for the Automatic Exchange of Information or the Spontaneous Exchange of Information.

Furthermore the Model Protocol contains a.o. suggestions for amendments to Articles 2 (“Jurisdiction”), 7 (“Possibility of Declining a Request”), 8 (“Confidentiality”) and 13 (“Mutual Agreement Procedure”).

Click here to be forwarded to the Model Protocol for the purpose of allowing the Automatic and Spontaneous Exchange of Information under a TIEA as published by the OECD on August 7, 2015.

Click here to be forwarded to the Model Agreement on Exchange of Information on Tax Matters that was published by the OECD in April 2002.