Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty. 2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. 3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records. 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request: a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing: (a) the identity of the taxpayer under examination or investigation; (b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph; (c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (d) the taxable period with respect to which the information is requested; (e) the tax purpose for which the information is sought, including: (i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and (ii) whether the matter is a criminal tax matter; (f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph; (g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (h) to the extent known, the name and address of any person believed to be in possession of the requested information; (i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Agreement Concerning Information on Tax Matters, Agreement Concerning Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes. In the execution of a request by the requested party, only those privileges under the laws and practices of the requested party shall apply and any privileges under the laws and practices of the requesting party shall be reserved for resolution by the requesting party.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the this Agreement and subject to Article 2 of this Agreement, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, includingincluding in the case of collective investment funds, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units, and other interests; and in the case of trusts, information on settlors, trustees trustees, and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes funds, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information made by a party shall be formulated framed with the greatest detail possible and degree of specificity possible. In all cases, such requests shall specify in writingwriting the following:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity period of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period time with respect to which the information is requested;
(ec) the tax purpose for nature of the information requested and the form in which the information is sought, including:requesting party would prefer to receive it;
(id) the citation of the legal authority matter under the applicant Partyrequesting party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) reasonable grounds for believing that the information requested is held present in the requested Party party or is in the possession or control of a person within the jurisdiction of the requested Partyparty;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the request conforms to the law and administrative practice of the requesting party and would be obtainable by the requesting party under its laws or in the normal course of administrative practice in similar circumstances, both for its own tax purposes and in response to a valid request from the requested informationparty under this Agreement;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party requesting party has pursued all reasonable means available in its own territory jurisdiction to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Taxes, Agreement for the Exchange of Information Relating to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 11 of this Agreement and in accordance with its further provisions.
2. Such Any request for information made by a party shall be framed with the greatest degree of specificity possible. In all cases, such requests shall specify in writing the following:
(a) the identity of the taxpayer whose tax or criminal liability is at issue;
(b) the period of time with respect to which the information is requested;
(c) the nature of the information requested and the form in which the requesting party would prefer to receive it;
(d) the matter under the requesting party’s tax law with respect to which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the requesting party, with respect to the person identified in subparagraph (a) of this paragraph;
(f) grounds for believing that the information requested is present in the requested party or is in the possession or control of a person within the jurisdiction of the requested party;
(g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the requesting party would be able to obtain and provide the requested information if a similar request were made by the requested party;
(i) a statement that the requesting party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
3. Information shall be obtained and exchanged under this Agreement without regard to whether the requested Party party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
24. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes. Privileges under the laws and practices of the requesting party shall not apply in the execution of a request by the requested party and such matters shall be reserved for resolution by the requesting party.
35. If Each party shall take all necessary measures to compel production of the information requested, and if specifically requested requested, the information shall be provided in the form specified by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of including depositions of witnesses and authenticated copies of original recordsdocuments.
46. Each Contracting Party party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the this Agreement and subject to Article 2 of this Agreement, have the authority to obtain and provide provide, through its competent authority and upon a request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” companies and other personslegal entities, including, including within the constraints of Article 22 of this Agreement, ownership information on all such persons in an ownership chain; (ii) in the case of partnerships, information regarding the identities of the members of the partnership; (iii) in the case of trusts, information on the settlors, trustees and beneficiaries; and (iv) in the case of foundations, information on the founders, members of the foundation council council, and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in possession of the requested information;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement (Tiea), Tax Cooperation Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under this Agreement to demonstrate the greatest detail possible and shall specify in writingforeseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant requesting Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the requesting Party. To ensure prompt response the competent authority of the requested Party shall:
(a) confirm receipt of the a request in writing to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward notify the requested information to competent authority of the requesting Party with of deficiencies in the least possible delayrequest, if any, within 60 days of the receipt of the request; and
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the requesting Party thereof and explain the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Tax Matters, Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting re- questing Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority au- thority of the requesting Party shall only make a request for information pursuant to this Article Arti- cle when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant re- questing Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent compe- tent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b) information Information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partner- ships and other persons, includingpersons and, within the constraints of Article 2, ownership information on all such any other persons in an ownership chain; in , including
i) In the case of collective investment funds and schemes, information on shares, units and other interests;
ii) In the case of trusts, information on settlors, trustees protectors and beneficiariesbenefi- ciaries; and in and
iii) In the case of foundations, information on founders, members of the foundation founda- tion council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment invest- ment funds or schemes unless such information can be obtained without giving rise to disproportionate dispro- portionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;,
(b) The period for which the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement The nature of the information sought including its nature and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the The tax purpose for which the information is sought, including:,
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the The reasons for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect re- spect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or in the control of or obtainable by a person within the jurisdiction of the requested Party;,
(hg) to To the extent known, the name and address of any person believed to be in possession posses- sion of or in the control of or able to obtain the requested information;,
(ih) a A statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant Party, requesting Party and that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain obtainable by the information request- ing Party under the its laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with re- sponse to a valid request made in similar circumstances from the requested Party under this Agreement;,
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate dispropor- tionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Tax Matters, Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request in writing by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it such conduct had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall shall, at its own discretion, use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the territorial jurisdiction of the requested Party or is in the possession of or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge in writing receipt of the a request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward notify the requested information to competent authority of the requesting Party with of any deficiencies in the least possible delayrequest within 60 days of receipt of the request.
8. If the competent authority of the requested Party has been unable to obtain and provide the information requested within 90 days of receipt of the request, or if obstacles are encountered in furnishing the information, or if the competent authority of the requested Party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party in writing, explaining the reasons for its inability to obtain and provide the information, or the obstacles encountered or the reasons for its refusal to provide the requested information.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information With Respect to Taxes and Tax Matters, Agreement for the Exchange of Information With Respect to Taxes and Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to of the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. 1 — The competent authority of the requested Party shall provide upon request by the requesting Party information in- formation for the purposes referred to in Article article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute consti- tute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent com- petent authority of the requesting Party shall only make a request for information pursuant to this Article article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. 2 — If the information in the possession of the competent com- petent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant information applicable informa- tion gathering measures necessary to provide the applicant request- ing Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. 3 — If specifically requested by the competent authority author- ity of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Articlearticle, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. 4 — Each Contracting Party shall ensure that its competent authorities for authori- ties, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, institutions and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2in- formation on shares, ownership information on all such persons in an ownership chainunits and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information informa- tion on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
5. 5 — Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) the The identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphunder examination or in- vestigation;
(cb) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable The period with respect to for which the information is requested;
(ec) The nature of the information sought and the form in which the requesting Party would prefer to receive it;
d) The tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the The reasons for believing that the information requested re- quested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to To the extent known, the name and address of any person believed to be in possession of the requested informationin- formation;
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the informationinforma- tion, except those that would give rise to disproportionate difficulties.
6. 6 — The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 2 contracts
Sources: Exchange of Information Agreement, Exchange of Information Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it such conduct had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority has the authority for the purposes specified in Article 1 1, and within the limitations of the AgreementArticle 2, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, including ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement the nature of the information sought including its nature and the form in which the applicant requesting Party wishes to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(ge) the tax purpose for which the information is sought;
f) the grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the requesting Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) confirm receipt of the a request in writing to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward notify the requested information to competent authority of the requesting Party with of deficiencies in the least possible delayrequest, if any, within 60 days of the receipt of the request;
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the requesting Party, explaining the reasons for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 2 contracts
Sources: Agreement on Exchange of Information on Tax Matters, Agreement on Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify by specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) reasonable grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Tax Matters, Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 13. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement3, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, and within the constraints of Article 2, ownership information on all such 3 any other persons in an ownership chain; , including in the case of collective investment schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this Agreement This Chapter does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible necessary and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;Chapter; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested a Requested Party shall provide upon request in writing by the requesting Requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it had occurred in the territory of the requested Requested Party. If the information received by the competent authority of the Requested Party from the competent authority of the Requesting Party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the Requesting Party of that fact and request such additional information as may be required to enable the effective processing of the request. The competent authority of the requesting Requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for the information, that the Requested Party shall use all relevant information gathering measures necessary to provide the applicant Requesting Party with the information requested, notwithstanding that the requested Requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority authority, subject to the terms of Article 1, and within the constraints of Article 2, to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, including ownership information on all such persons in an ownership chain; and
(ii) in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiariesprotectors; and and
(iii) in the case of foundationscollective investment schemes or funds, information on foundersshares, members of units and other interests.
5. Notwithstanding the foundation council and beneficiaries. Furtherpreceding paragraphs, this Agreement does not create an obligation on the Contracting Parties a Requesting Party to obtain or provide provide:
(a) ownership information with respect to publicly traded companies or public collective investment funds schemes or schemes funds, unless such information can be obtained without giving rise to disproportionate difficulties; or
(b) information from a period falling outside of the legally required time period for retaining the information in the jurisdiction of the Requested Party, but only where that information is in fact no longer kept.
56. Any The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party when making a request for information shall be formulated with under this Agreement in order to demonstrate the greatest detail possible and shall specify in writingforeseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested, including, where possible, a description of the specific evidence sought and the form in which the Requesting Party would prefer to receive it;
(d) the tax purpose purposes for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes domestic laws of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraphRequesting Party;
(gf) reasonable grounds for believing that the information requested is held present in the requested territory of the Requested Party or is in the possession or control of a person within subject to the jurisdiction of the requested Requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the applicant Requesting Party, and that if the requested information was were within the jurisdiction of the applicant Requesting Party then the competent authority of the applicant Requesting Party would be able to obtain the information under the laws of the applicant Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreementpractice;
(ji) a statement that the applicant Requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Requesting Party. To ensure a prompt response, advise if there are any unexpected delays the competent authority of the Requested Party shall:
(a) confirm the receipt of a request in obtaining writing to the requested information competent authority of the Requesting Party and shall use notify the competent authority of the Requesting Party of any deficiencies in the request within 60 days of receipt of the request; and
(b) if the competent authority of the Requested Party has been unable to obtain and provide the information requested within 90 days of receipt of the complete request, or if obstacles are encountered in furnishing the information, or if the competent authority of the Requested Party refuses to provide the information, it shall immediately inform the competent authority of the Requesting Party in writing explaining the reasons for its best endeavours inability to forward obtain and provide the requested information to or the requesting Party with obstacles encountered or the least possible delayreasons for its refusal.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Taxes, Agreement for the Exchange of Information Relating to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Requested Party shall provide upon request in writing by the requesting competent authority of the Requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it had such conduct occurred in the territory territorial jurisdiction of the requested Requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for information, that the Requested Party shall use use, at its own discretion, all relevant information gathering measures to provide the applicant Requesting Party with the information requested, notwithstanding that the requested Requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(i) in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiaries; and protectors;
(ii) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(iii) in the case of entities that are neither trusts nor foundations, equivalent information to the information in subparagraphs (i) and (ii) of this paragraph.
5. FurtherNotwithstanding the preceding paragraphs, this Agreement does not create an obligation on the Contracting Parties to obtain or provide provide:
(a) ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties;
(b) information which exceeds a legally required time period for retaining that information in the jurisdiction of the Requested Party and where that information is in fact no longer kept;
(c) information in the possession or control of a person other than the taxpayer that does not relate to the taxpayer;
(d) information that the Requested Party was not required to maintain prior to the effective date of this Agreement and is not available at the time of the request.
56. Any The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party when making a request for information shall be formulated with under this Agreement to demonstrate the greatest detail possible and shall specify in writingforeseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement the nature of the information sought including its nature and the form in which the applicant Requesting Party wishes to receive the requested information from the requested Requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes tax laws of the requesting Requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the territorial jurisdiction of the requested Requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
(ih) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the applicant Requesting Party, and that if the requested information was within the jurisdiction of the applicant Requesting Party then the competent authority of the applicant Requesting Party would be able to obtain the information under the laws of the applicant Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;practice; and
(ji) a statement that the applicant Requesting Party has pursued all means available in its own territory to obtain the requested information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Requesting Party. To ensure a prompt response, the competent authority of the Requested Party shall confirm the receipt of a request in writing to the competent authority of the Requesting Party and shall notify the competent authority of the Requesting Party of any deficiencies in the request, within 60 days of the receipt of the request.
7. If the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, or if it encounters obstacles in furnishing the information or if it refuses to furnish the information, it shall immediately inform in writing the Requesting Party, advise if there are any unexpected delays in obtaining explaining the reasons for its inability to obtain and provide the requested information and shall use information, the obstacles encountered, or the reasons for its best endeavours to forward the requested information to the requesting Party with the least possible delayrefusal.
Appears in 2 contracts
Sources: Exchange of Information Agreement, Exchange of Information Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Agreement for the Exchange of Information Relating to Tax Matters, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall at its own discretion use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party within 30 days of the receipt of the request and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. 1 — The competent authority of the requested Party shall provide upon request by the requesting Party information in- formation for the purposes referred to in Article article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute consti- tute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent com- petent authority of the requesting Party shall only make a request for information pursuant to this Article article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. 2 — If the information in the possession of the competent com- petent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant information applicable informa- tion gathering measures necessary to provide the applicant request- ing Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. 3 — If specifically requested by the competent authority author- ity of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Articlearticle, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. 4 — Each Contracting Party shall ensure that its competent authorities for authori- ties, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutionsinstitu- tions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2in- formation on shares, ownership information on all such persons in an ownership chainunits and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information informa- tion on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
5. 5 — Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) the The identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphunder examination or in- vestigation;
(cb) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable The period with respect to for which the information is requested;
(ec) The nature of the information sought and the form in which the requesting Party would prefer to receive it;
d) The tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the The reasons for believing that the information requested re- quested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to To the extent known, the name and address of any person believed to be in possession of the requested informationin- formation;
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the informationinforma- tion, except those that would give rise to disproportionate difficulties.
6. 6 — The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 2 contracts
Sources: Mutual Agreement Procedure, Mutual Agreement Procedure
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 and 2 of the this Agreement, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the ownership of companies, partnerships, collective investment schemes, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, ownership including information on all such persons in an ownership chain; , and
(i) in the case of collective investment schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(iv) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iii). Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably foreseeable relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.,
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;,
(b) The period for which the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement The nature of the information sought including its nature and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the The tax purpose for which the information is sought, including:,
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the The reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;,
(hg) to To the extent known, the name and address of any person believed to be in possession of the requested information;,
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;,
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by of the requesting applicant Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.other
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 and in accordance with the terms of the this Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of legal persons, including companies, partnerships, trustscollective investment funds or schemes, foundationsAnstalten (where appropriate), “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, foundations information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on ; and equivalent information in the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficultiescase of entities that are neither trusts nor foundations.
5. Any The competent authority of the applicant Party shall formulate the request for information shall be formulated with the greatest detail possible and shall specify by in writingall cases specifically providing the following information to the competent authority of the requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph);
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;normal
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request in writing to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours within its means to forward the requested information to the requesting competent authority of the applicant Party with the least possible reasonable delay.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall at its own discretion use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 2 contracts
Sources: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by of the requesting applicant Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the an applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within ,
(i) in the constraints case of Article 2, ownership investment funds or schemes information on all such persons the units, shares or other interests in an ownership chain; the fund or scheme;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundationsfoundations and enterprises (ìAnstalten”), information on founders, members of the foundation council and beneficiaries. Further, ; provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the applicant Party shall formulate the request for information shall be formulated with the greatest detail possible and shall specify provide the following information to the competent authority of the requested Party in writingwriting when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph);
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice of the applicant Party and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) Confirm receipt of the a request in writing to the competent authority of the requesting applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within sixty (60) days of the receipt of the request.
b) If the competent authority of the requested Party has been unable to obtain and provide the information within ninety (90) days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Agreement on the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficultyparty.
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units and other interests; and in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a request for information shall be formulated with under this Agreement in order to demonstrate the greatest detail possible and shall specify in writingrelevance of the information sought to the request:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity nature of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fd) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) reasonable grounds for believing that the information requested is held present in the territory of the requested Party party or is in the possession or control of a person within subject to the jurisdiction of the requested Partyparty;
(he) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(if) a statement declaration that the request is in conformity with conforms to the law and administrative practices practice of the applicant Partyrequesting party and would be obtainable by the requesting party under its laws in similar circumstances, that if both for its own tax purposes and in response to a valid request from the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information party under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Partyparty. To ensure a prompt response, advise if there are any unexpected delays in obtaining the competent authority of the requested information party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting party, and shall use its best endeavours to forward notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request;
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within a reasonable period relative to the nature of the request, or if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party with party to explain the least possible delayreasons for its inability or the obstacles or its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the a requested Party party shall provide upon request in writing by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2party. If the information in the possession of received by the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party it shall advise the
2. If the information in possession of the competent authority of the requested party is not sufficient to enable it to comply with the request for the information, the requested party shall use all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party contracting party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” trusts and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; and in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiaries; and in protectors.
5. Notwithstanding the case of foundations, information on founders, members of the foundation council and beneficiaries. Furtherpreceding paragraphs, this Agreement does not create an obligation on the Contracting Parties contracting parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a request for information shall be formulated with under this Agreement in order to demonstrate the greatest detail possible and shall specify in writingrelevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature and type of the information requested, including a description of the specific evidence sought and the form in which the requesting party would prefer to receive the information;
(d) the tax purpose purposes for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) sought and the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes domestic laws of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraphparty;
(ge) reasonable grounds for believing that the information requested is held present in the territory of the requested Party party or is in the possession or control of a person within subject to the jurisdiction of the requested Partyparty;
(hf) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ig) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the applicant Partyrequesting party, and that if the requested information was were within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant Party requesting party would be able to obtain the information under the laws of the applicant Party requesting party or in the normal course of administrative practice and that it is in conformity with this Agreementpractice;
(jh) a statement that the applicant Party requesting territory has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Party party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Partyparty. To ensure a prompt response, advise if there are any unexpected delays in obtaining the competent authority of the requested information party shall:
(a) confirm the receipt of a request in writing to the competent authority of the requesting party and shall use its best endeavours to forward notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request; and
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within 90 days of receipt of the request, including if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party with party to explain the least possible delayreasons for its inability or the obstacles or its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Contracting Party shall provide upon request by the requesting Contracting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Contracting Party if it had occurred in the territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Contracting Party is not sufficient to enable it to comply with the request for information, that the requested Contracting Party shall at its own discretion use all relevant information gathering measures necessary to provide the applicant requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority authority, to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the ownership of companies, partnerships, collective investment schemes, trusts, foundations, “"Anstalten” " and other persons, including, within the constraints of Article 2, :
(i) ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment schemes, information on shares, units and other interests;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries; and ;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Furtherbeneficiaries and equivalent information in the case of entities that are neither trusts nor foundations, provided that this Agreement does not create an obligation on the for a Contracting Parties Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Contracting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Contracting Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Contracting Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Contracting Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Contracting Party, that if the requested information was within the jurisdiction of the applicant requesting Contracting Party then the competent authority of the applicant requesting Contracting Party would be able to obtain the information under the laws of the applicant requesting Contracting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Contracting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 and 2 of the this Agreement, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, and beneficiaries; and ;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Partyparty;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant Partyrequesting party, that if the requested information was within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant Party requesting party would be able to obtain the information under the laws of the applicant Party requesting party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant Party requesting party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information party and shall use its best endeavours to forward the requested information to the requesting Party party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use use, at its own discretion, all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the [legal and] beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and beneficiaries [and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, ]; provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
1. With reasonable notice, the requesting Party may request that the requested Party allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the written consent of the individuals or other persons concerned. The competent authority of the requesting Party shall notify the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned.
2. At the request of the competent authority of the requesting Party, the competent authority of the requested Party may permit representatives of the competent authority of the requesting Party to attend a tax examination in the territory of the requested Party.
3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested Party conducting the examination.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority authority, subject to the terms of Article 1, and within the constraints of Article 2, to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, including ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers, beneficiaries and beneficiaries; and the trust property;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information sought and the form in which the requesting Party wishes to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it the request is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request; and
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 180 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall at its own discretion use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.,
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall at its own discretion use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
1. With reasonable notice, the requesting Party may request that the requested Party allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the requesting Party shall notify the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned.
2. At the request of the competent authority of the requesting Party, the competent authority of the requested Party may permit representatives of the competent authority of the requesting Party to attend a tax examination in the territory of the requested Party.
3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested Party conducting the examination.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant appropriate information gathering measures to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Notwithstanding any contrary provisions in its domestic laws, each Party shall ensure that its competent authorities for have the purposes specified in Article authority, subject to the terms of Articles 1 and 2 of the this Agreement, have the authority to obtain and to provide upon request:
a) information held by banks, other financial institutions, institutions and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” collective investment schemes and other persons, including, :
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries; and ;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(v) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iv). Further, Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible details and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its the nature of the information requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant requesting Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours within its means to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) a. information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes or funds, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds schemes or schemes funds, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) a. the identity of the taxpayer person under examination or investigation;
(b) b. the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(e) c. the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d. the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) e. the reasons for believing that the information requested is foreseeably forseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) f. the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(h) g. to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(i) h. a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) i. a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request in writing by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.it
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a.request for information shall be formulated with under this Agreement in order to demonstrate the greatest detail possible and shall specify in writingrelevance of the information sought to the request:
(a) the name of the authority seeking the information or conducting the investigation or proceeding to which the request relates;
(b) the identity of the taxpayer under examination or investigation;
(bc) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement nature and type of the information sought requested, including its nature and a description of the form in which the applicant Party wishes to receive the specific evidence, information from the requested Partyor other assistance sought;
(d) the taxable tax purposes for which the information is sought;
(e) the period of time with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) reasonable grounds for believing that the information requested is held present in the territory of the requested Party party or is in the possession or control of a person within subject to the jurisdiction of the requested Partyparty and may be relevant to the tax purposes of the request;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement declaration that the request is in conformity with conforms to the law and administrative practices practice of the applicant Partyrequesting party and would be obtainable by the requesting party under its laws in similar circumstances, that if both for its own tax purposes and in response to a valid request from the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information party under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Partyparty. To ensure a prompt response, advise if there are any unexpected delays in obtaining the competent authority of the requested information party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting party, and shall use its best endeavours to forward notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request;
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within a reasonable period relative to the nature of the request, or if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party with party to explain the least possible delayreasons for its inability or the obstacles or its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, and within the constraints of Article 2, ownership information on all such 1 any other persons in an ownership chain; , including in the case of collective investment funds or schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under this Agreement to demonstrate the greatest detail possible and shall specify in writingforeseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party within 30 days of the receipt of the request and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article Article
1. Such information shall be exchanged without regard to whether the requested Party party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Partyparty;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant Partyrequesting party, that if the requested information was within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant Party requesting party would be able to obtain the information under the laws of the applicant Party requesting party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant Party requesting party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information party and shall use its best endeavours to forward the requested information to the requesting Party party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.,
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable The period with respect to for which the information is requested;
(ec) The nature of the information sought and the form in which the requesting Party would prefer to receive it;
d) The tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the The reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to To the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Party and to ensure a prompt response, the competent authority of the requested Party shall:
a) Confirm the receipt of a request in writing to the competent authority of the Requesting Party and shall notify the competent authority of the Requesting Party of any deficiencies in the request within 60 days of receipt of the request;
b) If the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, it shall inform the Requesting Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward the requested information to the requesting Party with the least possible delayinability.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 1, and within the constraints of the AgreementArticle 2, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests,
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and ,
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
(5. ) Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes tax laws of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (subparagraph
a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Party shall shall:
a) acknowledge receipt of the request in writing to the competent authority of the requesting Party and should notify them of any deficiencies in the request within 60 days of the receipt of the request;
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of the receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall inform the requesting Party, advise if there are explaining the reason(s) for its inability, the nature of the obstacles or the reasons for its refusal;
c) provide the information no later than 6 months following the date of confirmation of receipt of the request, provided that where circumstances require, both competent authorities may agree on a longer deadline.
(7) The time conditions mentioned in this Article do not in any unexpected delays in obtaining way impact on the requested validity and legality of information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayexchanged under this Agreement.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Contracting Party shall provide upon request by the requesting Contracting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Contracting Party if it had occurred in the territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Contracting Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the applicant requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
(5. ) Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;,
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement the nature of the information sought including its nature and the form in which the applicant requesting Contracting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:,
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Contracting Party, with respect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds for believing that the information requested is held in the requested Contracting Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Contracting Party;,
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;,
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Contracting Party, that if the requested information was within the jurisdiction of the applicant requesting Contracting Party then the competent authority of the applicant requesting Contracting Party would be able to obtain the information under the laws of the applicant requesting Contracting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;,
(ji) a statement that the applicant requesting Contracting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Contracting Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Contracting Party and shall use its best endeavours to forward the requested information to the requesting Contracting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information infor mation shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information infor mation gathering measures to provide the applicant Party with the information infor mation requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant appli cant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide pro vide upon request:
a) information held by banks, other financial institutions, and any person per son, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the legal and beneficial ownership of companiescom panies, partnerships, trusts, foundations, “Anstalten” and other persons, includinginclud ing, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiariesthe position in an ownership chain; and in the case of foundations, information on founders, members of the foundation foun dation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(ah) the identity period of the taxpayer under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period time with respect to which the information is requested;
(e) required for the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in possession of the requested information;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiespurposes.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information With Respect to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting re- questing Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority au- thority of the requesting Party shall only make a request for information pursuant to this Article Arti- cle when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant re- questing Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent compe- tent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b) information Information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partner- ships and other persons, includingpersons and, within the constraints of Article 2, ownership information on all such any other persons in an ownership chain; in , including
i) In the case of collective investment funds and schemes, information on shares, units and other interests;
ii) In the case of trusts, information on settlors, trustees protectors and beneficiariesbenefici- aries; and in and
iii) In the case of foundations, information on founders, members of the foundation founda- tion council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment invest- ment funds or schemes unless such information can be obtained without giving rise to disproportionate dispro- portionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;,
(b) The period for which the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement The nature of the information sought including its nature and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the The tax purpose for which the information is sought, including:,
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the The reasons for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect re- spect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or in the control of or obtainable by a person within the jurisdiction of the requested Party;,
(hg) to To the extent known, the name and address of any person believed to be in possession posses- sion of or in the control of or able to obtain the requested information;,
(ih) a A statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant Party, requesting Party and that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain obtainable by the information request- ing Party under the its laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with re- sponse to a valid request made in similar circumstances from the requested Party under this Agreement;,
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate dispropor- tionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified authority, in Article 1 accordance with the terms of the Agreementthis agreement, have the authority to obtain and provide provide, through its competent authority, upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, collective investment funds or schemes, trusts, foundations, “"Anstalten” " and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain;
(c) in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
5. Further, this This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under the greatest detail possible and shall specify in writingAgreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(ge) grounds for believing that the information requested is held present in the requested Party or is in the possession of, or is in the control of of, or obtainable by, a person within the jurisdiction of the requested Party;
(hf) to the extent known, the name and address of any person believed to be in possession or in control of or able to obtain the requested information;
(ig) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(jh) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information as promptly as possible to the requesting Party with the least possible delayParty.
Appears in 1 contract
Sources: Agreement for Exchange of Information With Respect to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Partyparty;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant Partyrequesting party, that if the requested information was within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant Party requesting party would be able to obtain the information under the laws of the applicant Party requesting party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant Party requesting party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayparty as soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) : information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested a Contracting Party shall provide upon request by the requesting other Contracting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Contracting Party if it had occurred in the territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Contracting Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the applicant requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
(5. ) Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;,
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement the nature of the information sought including its nature and the form in which the applicant requesting Contracting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:,
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Contracting Party, with respect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds for believing that the information requested is held in the requested Contracting Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Contracting Party;,
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;,
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Contracting Party, that if the requested information was within the jurisdiction of the applicant requesting Contracting Party then the competent authority of the applicant requesting Contracting Party would be able to obtain the information under the laws of the applicant requesting Contracting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j, i) a statement that the applicant requesting Contracting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Contracting Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Contracting Party and shall use its best endeavours to forward the requested information to the requesting Contracting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Agreement on Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have it has the authority to obtain and provide provide, through its competent authorities, in accordance with the terms of this Agreement, and upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity capacity, including nominees and trustees;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within in the constraints case of Article 2collective investment funds or schemes, ownership information on shares, units and other interests, and information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this This Agreement does not create an obligation on the Contracting Parties a requested Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement nature of the information sought including its nature and the form in which the applicant requesting Party wishes would like to receive the information from the requested Partyit;
(dc) the taxable period with respect to for which the information is requested;
(ed) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information as promptly as possible to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information, or it refuses to furnish the information, it shall immediately inform the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the a requested Party shall provide upon request in writing by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. If the information received by the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting Party of that fact and request such additional information as may be required to enable the effective processing of the request. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means income would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for the information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in of this Arrangement, has the authority, subject to Article 1 1, and within the constraints of the AgreementArticle 2, have the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, including ownership information on all such persons in an ownership chain; and
(ii) in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiaries; and in protectors.
5. Notwithstanding the case of foundations, information on founders, members of the foundation council and beneficiaries. Furtherpreceding paragraphs, this Agreement Arrangement does not create an obligation on the Contracting Parties to obtain or provide provide:
(a) ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties; or
(b) information from a period falling outside of the legally required time period for retaining the information in the jurisdiction of the requested Party, but only where that information is in fact no longer kept.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature and type of the information requested, including, where possible, a description of the specific evidence sought and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose purposes for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes domestic laws of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraphParty;
(gf) reasonable grounds for believing that the information requested is held present in the territory of the requested Party or is in the possession of or control of obtainable by a person within subject to the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with this Arrangement and the law laws and administrative practices of the applicant requesting Party, and that if the requested information was were within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;practice.
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Party. To ensure a prompt response, advise if there are any unexpected delays in obtaining the competent authority of the requested information and shall use its best endeavours Party shall:
(a) confirm the receipt of a request in writing to forward the requested information to competent authority of the requesting Party with and shall notify the least possible delaycompetent authority of the requesting Party of any deficiencies in the request within 60 days of receipt of the request; and
(b) if the competent authority of the requested Party has been unable to obtain and provide the information requested within 90 days of receipt of the complete request, including if obstacles are encountered in furnishing the information, or if the competent authority of the requested Party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party to explain the reasons for its inability to obtain and provide the information or the obstacles encountered or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Arrangement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it such conduct had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have it has the authority subject to the terms of this Agreement to obtain and provide through its competent authority upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, :
(i) ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment funds or schemes, information on shares, units and other interests;
(iii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and and
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, ; provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement the nature of the information sought including its nature requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the territory of the requested Party or is in the possession of or control of is obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the requesting Party. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity capacity, including nominees and trustees,;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, and within the constraints of Article 21, ownership information on all such any other persons in an ownership chain; including in the case of collective investment funds or schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under this Agreement to demonstrate the greatest detail possible and shall specify in writingforeseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party within 30 days of the receipt of the request and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Party shall provide upon request by of the requesting applicant Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the an applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within ,
i) in the constraints case of Article 2, ownership investment funds or schemes information on all such persons the units, shares or other interests in an ownership chain; the fund or scheme;
ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, ; provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
(5. ) Any request for information shall be formulated with the greatest detail possible and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant Party’s Partyís tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice of the applicant Party and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours within its means to forward the requested information to the requesting applicant Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Agreement on the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and beneficiaries and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, ; provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably foreseeable relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
62. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable has pursued all means available in its own territory to obtain the requested information by other meansinformation, except where recourse to such means those that would give rise to disproportionate difficultydifficulties.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant appropriate information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified in Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, includingincluding in the case of collective investment funds or schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified authority, in Article 1 accordance with the terms of the Agreementthis agreement, have the authority to obtain and provide provide, through its competent authority, upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, collective investment funds or schemes, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain;
(c) in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
5. Further, this This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under the greatest detail possible and shall specify in writingAgreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(ge) grounds for believing that the information requested is held present in the requested Party or is in the possession of, or is in the control of of, or obtainable by, a person within the jurisdiction of the requested Party;
(hf) to the extent known, the name and address of any person believed to be in possession or in control of or able to obtain the requested information;
(ig) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(jh) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information as promptly as possible to the requesting Party with the least possible delayParty.
Appears in 1 contract
Sources: Double Taxation Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authorities, for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) : information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) : the identity of the person in respect of whom under examination or investigation; the period for which the information is requested, if that person is not also ; the taxpayer in subparagraph (a) of this paragraph;
(c) a statement nature of the information sought including its nature requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) it; the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) ; the grounds for believing that the information requested is present or held in the requested Party or is in the possession or of, under the control of or obtainable by a person within the jurisdiction of the requested Party;
(h) ; to the extent known, the name and address of any person believed to be in possession of, in the control of or able to obtain the requested information;
(i) information requested; a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) ; a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6difficulty. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the requesting Party. To ensure a prompt response, the competent authority of the requested Party shall: confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request request; if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information it shall immediately inform the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 and 2 of the this Agreement, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the ownership of companies, partnerships, collective investment schemes, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, ownership including information on all such persons in an ownership chain; , and
(i) in the case of collective investment schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and ;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(iv) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iii). Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably foreseeable relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Contracting Party shall provide upon request by the requesting Contracting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Contracting Party if it had occurred oc- curred in the territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article Ar- ticle when it is unable to obtain the requested information by other meansmeans in its own ▇▇▇▇▇- ▇▇▇▇, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Con- tracting Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use at its own discretion all relevant applicable information gathering measures meas- ures necessary to provide the applicant requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not not, at that time, need such information in- formation for its own tax purposes.
(3. ) If specifically requested by the competent authority of the applicant requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b) i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiariesbenefici- aries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained ob- tained without giving rise to disproportionate difficulties.
(5. ) Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;,
(b) the identity of period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement the nature of the information sought including its nature and the form in which the applicant requesting Contract- ing Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:,
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Contracting Party, with respect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds for believing that the information requested is held in the requested Con- tracting Party or is in the possession of or control of obtainable by a person within the jurisdiction jurisdic- tion of the requested Contracting Party;,
(hg) to the extent known, the name and address of any person believed to be in possession posses- sion of the requested information;,
(ih) a statement that the request is in conformity with the law laws and administrative practices prac- tices of the applicant requesting Contracting Party, that if the requested information was within the jurisdiction of the applicant requesting Contracting Party then the competent authority au- thority of the applicant requesting Contracting Party would be able to obtain the information under the laws of the applicant requesting Contracting Party or in the normal course of administrative admin- istrative practice and that it is in conformity with this Agreement;
(j, i) a statement that the applicant requesting Contracting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate dis- proportionate difficulties.
(6. ) The competent authority of the requested Contracting Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Contracting Party and shall use its best endeavours to forward the requested information to the requesting Contracting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to of the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the competent authority of the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when only if it is unable would not be able to obtain the information requested information by other means, except where recourse to such means that would give rise to disproportionate difficultydifficulties.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the requesting Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely the responsibility of the requesting Party.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the Agreementand subject to Article 2, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
(b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trustscollective investment schemes, information on settlorsshares, trustees units and beneficiariesother interests; and in the case of foundations, information on founders, members of foundation councils and beneficiaries; and in the foundation council case of trusts, information on settlors, trustees, protectors and beneficiaries. FurtherHowever, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail degree of specificity possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices practice of the applicant Party, that if requesting Party and the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain obtainable by the information requesting Party under the its laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with similar circumstances, in response to a valid request from the requested Party under this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory jurisdiction to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide provide, upon request by of the requesting Party applicant Party, information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its the domestic lawslaws of the requested Party, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have authority has the authority to obtain and provide upon request, in accordance with the terms of this Agreement:
(a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
(b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on for the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated in writing with the greatest detail possible and shall specify in writingall cases include the following:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement description of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph);
(gf) the grounds for believing that the information requested is held in the territory of the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of its administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours to forward the requested information to the requesting applicant Party with the least possible delaywithin a reasonable time.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the competent authority of the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant at its own discretion the information gathering measures measure it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons and any other persons in an ownership chain; , including:
(i) in the case of collective investment schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible necessary and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information With Respect to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had would have occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(ec) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(gd) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(he) to the extent known, the name and address of any person believed to be in possession of the requested information;
(if) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(jg) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) Confirm receipt of the a request in writing to the competent authority of the requesting applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request.
b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Agreement Concerning Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it such conduct had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have it has the authority subject to the terms of this Agreement to obtain and provide through its competent authority upon request:
a) : information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;
b) capacity; information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, : ownership information on all such persons in an ownership chain; in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, ; provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) : the identity of the person in respect of whom under examination or investigation; the period for which the information is requested, if that person is not also sought; the taxpayer in subparagraph (a) of this paragraph;
(c) a statement nature of the information sought including its nature requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) it; the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in possession of the requested information;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Requested Party shall provide upon request by the requesting Party in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it had such conduct occurred in the territory of the requested Requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.information
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authorities, for the purposes specified in Article 1 of the this Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal ownership and the beneficial ownership of companies, partnerships, trustscollective investment schemes, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiariesprotectors; and and
(iii) in the case of foundationsa foundation, information on the founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for The competent authority of the Requesting Party shall provide the following information shall be formulated with to the greatest detail possible and shall specify in writingcompetent authority of the Requested Party:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity period of the person in time with respect of whom to which information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement the nature of the information sought including its nature requested and the form in which the applicant Requesting Party wishes to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose purposes for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(ge) grounds for believing that the information requested is held present in the requested Requested Party or is in the possession of, or in the control of or obtainable by a person within the jurisdiction of the requested Requested Party;
(hf) to the extent known, the name and address of any person believed to be in possession of or in control of or able to obtain the requested information;
(ig) a statement that the request is in conformity conforms with the law and administrative practices of the applicant Requesting Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(jh) a statement that the applicant Requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The To ensure a prompt response, the competent authority of the requested Requested Party shall acknowledge shall:
a) confirm the receipt of the a request in writing to the competent authority of the requesting Requesting Party and shall notify the competent authority of the Requesting Party of any deficiencies in the request within 60 days of receipt of the request;
b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, it shall inform the Requesting Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward the requested information to the requesting Party with the least possible delayinability.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 1, and in accordance with Article 2, of the this Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the legal and beneficial ownership of companies, partnerships, collective investment funds or schemes, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, ownership including information on all such persons in an ownership chain; , and
i) in the case of collective investment funds or schemes, information on shares, units and other interests;
ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and ;
iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
iv) in the case of persons that are neither collective investment funds or schemes, trusts or foundations, equivalent information to the information in sub-subparagraphs i) to iii). Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under the greatest detail possible and shall specify in writingAgreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity period of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to time for which the information is requested;
(ec) the nature of the information sought and the form in which the requesting Party wishes to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response:
a) the competent authority of the requested Party shall confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(c) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity,
b) information Information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingpersons and, within the constraints of Article 2, ownership information on all such any other persons in an ownership chain; in , including
i) In the case of collective investment funds and schemes, information on shares, units and other interests;
ii) In the case of trusts, information on settlors, trustees protectors and beneficiaries; and in and
iii) In the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.,
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;,
(b) The period for which the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;,
(c) a statement The nature of the information sought including its nature and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Party;it,
(d) the taxable period with respect to which the information is requested;
(e) the The tax purpose for which the information is sought, including:,
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the The reasons for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes tax law of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;,
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or in the control of or obtainable by a person within the jurisdiction of the requested Party;,
(hg) to To the extent known, the name and address of any person believed to be in possession of or in the control of or able to obtain the requested information;,
(ih) a A statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant Party, requesting Party and that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain obtainable by the information requesting Party under the its laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with response to a valid request made in similar circumstances from the requested Party under this Agreement;,
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 13. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement3, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, and within the constraints of Article 2, ownership information on all such 3 any other persons in an ownership chain, including in the case of collective investment schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this Agreement This Chapter does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible necessary and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) Chapter; and a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Party shall provide upon request by of the requesting applicant Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the an applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within ,
i) in the constraints case of Article 2, ownership investment funds or schemes information on all such persons the units, shares or other interests in an ownership chain; the fund or scheme;
ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
(5. ) Any request for information shall be formulated with the greatest detail possible and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice of the applicant Party and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours within its means to forward the requested information to the requesting applicant Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Requested Party shall provide upon request by the requesting Requesting Party information for the purposes referred to in Article Article
1. Such information shall be exchanged without regard to whether the requested Requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it had occurred in the territory of the requested Requested Party. The competent authority of the requesting Requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for information, that the Requested Party shall use take all relevant information gathering measures to provide the applicant Requesting Party with the information requested, notwithstanding that the requested Requested Party may not not, at that time, need such information for its own tax purposes. In the execution of a request by the Requested Party, only those privileges under the laws and practices of the Requested Party shall apply and any privileges under the laws and practices of the Requesting Party shall be reserved for resolution by the Requesting Party.
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the this Agreement and subject to Article 2 of this Agreement, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, includingincluding in the case of collective investment funds, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units, and other interests; and in the case of trusts, information on settlors, trustees trustees, and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes funds, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information made by a Party shall be formulated framed with the greatest detail possible and degree of specificity possible. In all cases, such requests shall specify in writingwriting the following:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity period of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period time with respect to which the information is requested;
(ec) the tax purpose for nature of the information requested and the form in which the information is sought, including:Requesting Party would prefer to receive it;
(id) the citation of the legal authority matter under the applicant Requesting Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Requesting Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) reasonable grounds for believing that the information requested is held present in the requested Requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(h) a statement that the request conforms to the law and administrative practice of the Requesting Party and would be obtainable by the Requesting Party under its laws or in the normal course of administrative practice in similar circumstances, both for its own tax purposes and in response to a valid request from the Requested Party under this Agreement;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Requesting Party has pursued all reasonable means available in its own territory jurisdiction to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Requested Party shall acknowledge forward the requested information as soon as reasonably possible to the Requesting Party. To ensure a prompt response, the competent authority of the Requested Party shall:
(a) confirm receipt of the a request in writing to the competent authority of the requesting Requesting Party and shall notify the competent authority of the Requesting Party of deficiencies in the request, if any, within sixty (60) days of the receipt of the request; and
(b) if the competent authority of the Requested Party has been unable to obtain and provide the information within ninety (90) days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Requesting Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) a. information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:;
(a) a. the identity of the taxpayer person under examination or investigation;
(b) b. the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(e) c. the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d. the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) e. the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) f. grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(h) g. to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(i) h. a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) i. a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request in writing by the requesting Party party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2party. If the information in the possession of received by the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting party of that Party fact with suggestions of the additional information required to enable the effective processing of the request.
2. If the information in possession of the competent authority of the requested party is not sufficient to enable it to comply with the request for information, the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a request for information shall be formulated with under this Agreement in order to demonstrate the greatest detail possible and shall specify in writingrelevance of the information sought to the request:
(a) the name of the authority seeking the information or conducting the investigation or proceeding to which the request relates;
(b) the identity of the taxpayer under examination or investigation;
(bc) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement nature and type of the information sought requested, including its nature and a description of the form in which the applicant Party wishes to receive the specific evidence, information from the requested Partyor other assistance sought;
(d) the taxable tax purposes for which the information is sought;
(e) the period of time with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) reasonable grounds for believing that the information requested is held present in the territory of the requested Party party or is in the possession or control of a person within subject to the jurisdiction of the requested Partyparty and may be relevant to the tax purposes of the request;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement declaration that the request is in conformity with conforms to the law and administrative practices practice of the applicant Partyrequesting party and would be obtainable by the requesting party under its laws in similar circumstances, that if both for its own tax purposes and in response to a valid request from the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information party under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Partyparty. To ensure a prompt response, advise if there are any unexpected delays in obtaining the competent authority of the requested information party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting party, and shall use its best endeavours to forward notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request;
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within a reasonable period relative to the nature of the request, or if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting Party with party to explain the least possible delayreasons for its inability or the obstacles or its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.requested
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant appropriate information gathering measures to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Notwithstanding any contrary provisions in its domestic laws, each Party shall ensure that its competent authorities for have the purposes specified in Article authority, subject to the terms of Articles 1 and 2 of the this Agreement, have the authority to obtain and to provide upon request:
a) information held by banks, other financial institutions, institutions and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” collective investment schemes and other persons, including, :
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries; and ;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on ; and
(v) in the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public case of persons that are neither collective investment funds schemes, trusts or schemes unless such foundations, equivalent information can be obtained without giving rise to disproportionate difficulties.the information in subparagraphs
5. Any request for information shall be formulated with the greatest detail possible details and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its the nature of the information requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant requesting Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours within its means to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) 1. information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) 1. information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
2. in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) 1. the identity of the taxpayer person under examination or investigation;
(b) 2. the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(e) 3. the nature of the information requested and the form in which the requesting Party would prefer to receive it;
4. the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) 5. the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) 6. grounds for believing that the information requested is held present in the requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Party;
(h) 7. to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(i) 8. a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) 9. a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of the requested Party shall provide upon request by of the requesting applicant Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2. ) If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the an applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4. ) Each Contracting Party shall ensure that its competent authorities for authorities, in accordance with the purposes specified in Article 1 terms of the Agreement, this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; ,
bb) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
(5. ) Any request for information shall be formulated with the greatest detail possible and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice of the applicant Party and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(6. ) The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours within its means to forward the requested information to the requesting applicant Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party within 30 days of the receipt of the request and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authorities, for the purposes specified in Article 1 and in accordance with Article 2 of the Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, including ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and ;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further; and
(iv) in the case of collective investment schemes, information on shares, units and other interests; provided that this Agreement does not create an obligation on the Contracting Parties either Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest as much detail as possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer referred to in subparagraph (a) of this paragraph);
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(d) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant requesting Party’s tax or other law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in by the requested Party or is in the possession of or in the control of or obtainable by a person within the territorial jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in the possession of or in the control of or able to obtain the requested information;
(i) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant Party requesting Party, then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice practice, and that it the request is in conformity with this Agreement;
(j) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested a Requested Party shall provide upon request in writing by the requesting Requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it had occurred in the territory jurisdiction of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for information, that the Requested Party shall use all relevant information gathering measures to provide the applicant Requesting Party with the information requested, notwithstanding that the requested Requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in ownership
5. Notwithstanding the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Furtherpreceding paragraphs, this Agreement does not create an obligation on the Contracting Parties to obtain or provide provide:
a) ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties;
b) information relating to a period more than six years prior to the tax period under consideration;
c) information in the possession or control of a person other than the taxpayer that does not directly relate to the taxpayer.
56. Any The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party when making a request for information shall be formulated with under the greatest detail possible and shall specify Agreement in writingorder to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature and type of the information requested, including a description of any specific evidence sought and the form in which the Requesting Party would prefer to receive the information;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) sought and the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes domestic laws of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraphRequesting Party;
(ge) grounds for believing that the information requested is held present in the requested jurisdiction of the Requested Party or is in the possession or control of a person within subject to the jurisdiction of the requested Requested Party;
(hf) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ig) a statement that the request is in conformity with this Agreement and the law and administrative practices of the applicant Party, Requesting Party and that if the requested information was were within the jurisdiction of the applicant Requesting Party then the competent authority of the applicant Requesting Party would be able to obtain the information under the laws of the applicant Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreementpractice;
(jh) a statement that the applicant Requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
67. The competent authority of the requested Requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Requesting Party. To ensure a prompt response, advise if there are any unexpected delays the competent authority of the Requested Party shall:
a) confirm receipt of a request in obtaining writing to the requested information competent authority of the Requesting Party and shall use notify the competent authority of the Requesting Party of any deficiencies in the request within 60 days of the receipt of the request; and
b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, if obstacles are encountered in furnishing the information or if the competent authority of the Requested party refuses to provide the information, it shall immediately inform the Requesting Party in writing, explaining the reason for its best endeavours inability to forward obtain and provide the requested information or the reasons for its refusal.
8. For the purposes of this Agreement, the Contracting Parties may enter into a Memorandum of Understanding to deal with any procedural matters they consider necessary for the requesting Party with processing of requests for the least possible delayprovision under this Agreement of information on tax matters and any other matters connected therewith.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting Party party information for the purposes referred to in Article 11 of this Agreement and in accordance with its further provisions.
2. Such Any request for information made by a party shall be framed with the greatest degree of specificity possible. In all cases, such requests shall specify in writing the following:
(a) the identity of the taxpayer whose tax or criminal liability is at issue;
(b) the period of time with respect to which the information is requested;
(c) the nature of the information requested and the form in which the requesting party would prefer to receive it;
(d) the matter under the requesting party’s tax law with respect to which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the requesting party, with respect to the person identified in subparagraph (a) of this paragraph;
(f) grounds for believing that the information requested is present in the requested party or is in the possession or control of a person within the jurisdiction of the requested party;
(g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the requesting party would be able to obtain and provide the requested information if a similar request were made by the requested party;
(i) a statement that the requesting party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
3. Information shall be obtained and exchanged under this Agreement without regard to whether the requested Party party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
24. If the information in the possession of the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, that Party the requested party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes. Privileges under the laws and practices of the requesting party shall not apply in the execution of a request by the requested party and such matters shall be reserved for resolution by the requesting party.
35. If Each party shall take all necessary measures to compel production of the information requested, and if specifically requested requested, the information shall be provided in the form specified by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of including depositions of witnesses and authenticated copies of original recordsdocuments.
46. Each Contracting Party party shall ensure that its competent authorities it has the authority, for the purposes specified referred to in Article 1 of the this Agreement and subject to Article 2 of this Agreement, have the authority to obtain and provide provide, through its competent authority and upon a request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” companies and other personslegal entities, including, including within the constraints of Article 22 of this Agreement, ownership information on all such persons in an ownership chain; ;
(ii) in the case of partnerships, information regarding the identities of the members of the partnership;
(iii) in the case of trusts, information on the settlors, trustees and beneficiaries; and and
(iv) in the case of foundations, information on the founders, members of the foundation council council, and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in possession of the requested information;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Cooperation Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide provide, upon request by of the requesting Party applicant Party, information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its the domestic lawslaws of the requested Party, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have authority has the authority to obtain and provide upon request, in accordance with the terms of this Agreement:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on for the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated in writing with the greatest detail possible and shall specify in writingall cases include the following:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement description of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:;
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph);
(gf) the grounds for believing that the information requested is held in the territory of the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of its administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours to forward the requested information to the requesting applicant Party with the least possible delaywithin a reasonable time.
Appears in 1 contract
Sources: Agreement for the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 12. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement2, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party within 30 days of the request and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in Article authority, subject to the terms of Articles 1 and 2 of the this Agreement, have the authority to obtain and provide through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
bi) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within in the constraints case of Article 2collective investment funds or schemes, ownership information on all such persons in an ownership chain; shares, units and other interests;
ii) in the case of trusts, information on settlors, trustees and beneficiaries; and and
iii) in the case of foundations, information on the founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information as promptly as possible to the requesting Party with the least possible delayParty.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and beneficiaries and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably foreseeable relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees trustees, beneficiaries, and beneficiariesthe position in an ownership chain; and in the case of foundations, information on founders, members of the foundation council and beneficiariesbeneficiaries and the position in an ownership chain.
5. Further, this This Agreement does not create an obligation on the Contracting Parties to obtain or provide provide:
a) ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties;
b) information relating to a period more than six years prior to the tax period under consideration;
c) information unless the applicant Party has pursued all means available in its own Party to obtain the information, except those that would give rise to disproportionate difficulties;
d) information in the possession or control of a person other than the taxpayer that does not directly relate to the taxpayer.
56. Any Where the applicant Party requests information with respect to a matter which does not constitute serious tax evasion, a senior official of its competent authority shall certify that the request is relevant to, and necessary for, the determination of the tax liability of the taxpayer under the laws of the applicant Party.
7. If information is requested that relates to a person that is not a resident, nor a national, of one or other of the Parties, it also shall be established to the satisfaction of the competent authority of the requested Party that such information is necessary for the proper administration and enforcement of the fiscal laws of the applicant Party.
8. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information shall be formulated with under this Agreement to demonstrate the greatest detail possible and shall specify in writingrelevance of the information sought to the request:
(a) the identity of the taxpayer under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within subject to the jurisdiction of the requested Party;
(hc) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(id) a statement that the request is in conformity with conforms to the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction practice of the applicant Party then the competent authority of and would be obtainable by the applicant Party would be able under its laws in similar circumstances, both for its own tax purposes and in response to obtain a valid request from the information requested Party under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(je) a statement that the applicant Party has pursued all means available in its own territory Party to obtain the information, except those that would give rise to disproportionate difficulties; and, to the fullest extent possible:
f) the nature and type of the information requested, including a description of the specific evidence, information or other assistance sought and the form, in which the applicant Party prefers to receive the information;
g) the tax purposes for which the information is sought and why it is relevant to the determination of the tax liability of a taxpayer under the laws of the applicant Party;
h) information that such taxpayer is a resident in, or national of, one of the Parties, or that it is necessary for the determination of the tax liability of a taxpayer under the laws of the applicant Party;
i) the period of time with respect to which the information is required for the tax purposes.
69. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) confirm receipt of the a request in writing to the competent authority of the requesting applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; and
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Agreement on the Exchange of Information With Respect to Taxes
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article Artic1e 1. Such information infonnation shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws 1aws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable have pursued all means avai1ab1e in its own territory to obtain the requested information by other meansinformation, except where recourse to such means those that would give rise to disproportionate difficultydifficulties.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant appropriate information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “"Anstalten” " and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and ;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly pub1icly traded companies or public pub1ic collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for The competent authority of the requesting Party shall provide in writing the following information shall be formulated with to the greatest detail possible and shall specify in writingcompetent authority of the requested Party to demonstrate the foreseeable relevance ofthe information to the request:
(a) the identity of the taxpayer ofthe person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information infonnation sought including its nature and the form in which the applicant requesting Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(ec) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(gd) grounds for believing be1ieving that the information requested is held in the requested Party or is in the possession or in the control of or obtainable by a person within the jurisdiction of the requested Party;
(he) to the extent known, the name and address of any person believed to be in possession of or in the control of or able to obtain the requested information;
(if) a statement that the request is in conformity confonnity with the law and administrative admínistrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;Agreement;
(jg) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours endeavors to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the competent authority of the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant at its own discretion the information gathering measures measure it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including, within the constraints of Article 2, ownership information on all such persons and any other persons in an ownership chain, including: in the case of collective investment schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible necessary and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity conforms with the law laws and administrative practices practice of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the a requested Party party shall provide upon request by the requesting Party in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime tax offence under the laws of the requested party if it had occurred in the territory of the requested Partyparty. The competent authority of the requesting Party party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of received by the competent authority of the requested Party party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting party of that Party fact and request such additional information as may be required to enable the effective processing of the request.
3. If the information in the possession of the competent authority of the requested party is not sufficient to enable it to comply with the request for the information, the requested party shall use all relevant its appropriate information gathering measures necessary to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not need such information for its own tax purposes.
34. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
45. Each Contracting Party shall ensure that its competent authorities authority, for the purposes specified in Article 1 of the this Agreement, have has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees trustees, beneficiaries and beneficiariesprotectors; and in the case of foundations, information on founders, members members, beneficiaries and directors or other senior officers of the foundation council and beneficiariesfoundation.
6. FurtherNotwithstanding the preceding paragraphs, this Agreement does not create an obligation on the Contracting Parties parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
57. Any request for information shall be formulated with the greatest reasonable detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature and type of the information requested, including a description of the information and/or specific evidence sought, and the form in which the requesting party would prefer to receive the information;
(d) the tax purpose purposes for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(ge) grounds for believing that the information requested is held in by the requested Party party or is in the possession or control of or obtainable by a person within subject to the jurisdiction of the requested Partyparty;
(hf) to the extent known, the name and address of any person believed to be in possession or control of or able to obtain the requested informationinformation requested;
(ig) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the applicant Partyrequesting party, and that if the requested information was were within the jurisdiction of the applicant Party requesting party then the competent authority of the applicant Party requesting party would be able to obtain the information under the laws of the applicant Party requesting party or in the normal course of administrative practice and that it is in conformity with this Agreementpractice;
(jh) a statement that the applicant Party requesting party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
68. The competent authority of the requested Party party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information party and shall use its best endeavours to forward the requested information as promptly as possible to the competent authority of the requesting Party with the least possible delayparty.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors, enforcers and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall:
(a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
(b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify possible, specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide provide, upon request by of the requesting Party applicant Party, information for the purposes referred to in Article Article
1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its the domestic lawslaws of the requested Party, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have authority has the authority to obtain and provide upon request, in accordance with the terms of this Agreement:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and and, in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on for the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated in writing with the greatest detail possible and shall specify in writingall cases include the following :
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraphsought;
(c) a statement description of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:;
(ie) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons grounds for believing that the information requested is foreseeably relevant to the administration or and enforcement of the taxes domestic tax laws of the requesting applicant Party covered under Article 3, with respect regard to a the person identified specified in subparagraph (a) of this paragraph);
(gf) the grounds for believing that the information requested is held in the territory of the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of its administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information applicant Party and shall use its best endeavours to forward the requested information to the requesting applicant Party with the least possible delaywithin a reasonable time.
Appears in 1 contract
Sources: Agreement for the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b(i) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:;
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delayas soon as possible.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Requested Party shall provide upon request by the requesting competent authority of the Requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged provided without regard to whether the requested Requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Requested Party if it such conduct had occurred in the territory territorial jurisdiction of the requested Requested Party. The competent authority of the requesting Requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Requested Party is not sufficient to enable it to comply with the request for the information, that the Requested Party shall use use, at its own discretion, all relevant applicable information gathering measures to provide the applicant Requesting Party with the information requested, notwithstanding that the requested Requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Requesting Party, the competent authority of the requested Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authorities, for the purposes specified in Article 1 of the this Agreement, have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information Information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, persons including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in ;
i. In the case of trusts, information on settlors, trustees trustees, protectors, and beneficiaries; and in ;
ii. In the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer under examination or investigation;
(b) iii. In the identity case of the person in respect of whom entities that are neither trusts nor foundations, equivalent information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of to the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
subparagraphs (i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(g) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(h) to the extent known, the name and address of any person believed to be in possession of the requested information;
(i) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(j) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Exchange of Information Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant applicable information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, including
i) In the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in shares, units and other interests;
ii) In the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in and
iii) In the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.;
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable The period with respect to for which the information is requested;
(ec) The nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) The tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the The reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) The grounds for believing that the information requested is held present in the requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the requested Party;
(hg) to To the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had such conduct occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable has pursued all means available to obtain the requested information by other meansin its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
a) information held by banks, other financial institutions, and any person including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, includingpersons and, within the constraints of Article 2, ownership information on all such any other persons in an ownership chain; , including:
(i) in the case of companies, information on any person, connected to the company including information on directors, secretaries, shareholders and other interests;
(ii) in the case of collective investment schemes, information on shares, units and other interests;
(iii) in the case of trusts, information on any person connected to the trust including information on settlors, trustees trustees, protectors and beneficiaries; and and
(iv) in the case of foundations, information on any person connected to the foundation including information on founders, members of the foundation council and beneficiaries. FurtherNotwithstanding the preceding subparagraphs, this Agreement does not create creates an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can cannot be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph. “Foreseeably relevant” is intended to provide for exchange of information to the widest possible extent, within the terms of Article 1;
(gf) the grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of forward the request requested information as promptly as possible to the competent authority of the requesting Party, advise if there are any unexpected delays and in obtaining the requested information and shall use its best endeavours to forward the requested information to the requesting Party accordance with the least possible delayterms specified in the Protocol to this Agreement.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant the information gathering measures it considers relevant to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1 of the Agreement1, have the authority to obtain and provide provide, through its competent authority and upon request:
(a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, includingincluding in the case of collective investment schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chain; shares, units and other interests;
(c) in the case of trusts, information on settlorssettlers, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. Further, this This Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes , unless such information can be obtained without giving rise to disproportionate difficulties.
56. Any request for information shall be formulated with the greatest detail possible and shall specify in specifying in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to for which the information is requested;
(ec) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested informationinformation requested;
(ih) a statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty.
67. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise rise; to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “AnstaltenAntstalten” and other persons, including, within the constraints of Article 2, ownership information on all ail such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable period with respect to which the information is requested;
(ec) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(f) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(gd) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(he) to the extent known, the name and address of any person believed to be in possession of the requested information;
(if) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(jg) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) Confirm receipt of the a request in writing to the competent authority of the requesting applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request.
b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, advise if there are any unexpected delays in obtaining explaining the requested information and shall use reason for its best endeavours to forward inability, the requested information to nature of the requesting Party with obstacles or the least possible delayreasons for its refusal.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that the requested Party shall use all relevant appropriate information gathering measures to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Notwithstanding any contrary provisions in its domestic laws, each Party shall ensure that its competent authorities for have the purposes specified in Article authority, subject to the terms of Articles 1 and 2 of the this Agreement, have the authority to obtain and to provide upon request:
a) information held by banks, other financial institutions, institutions and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” collective investment schemes and other persons, including, :
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries; and ;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(v) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iv). Further, Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible details and shall in all cases specify in writing:
(a) the identity of the taxpayer person under examination or investigation;
(b) the identity of taxable period for which the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its the nature of the information requested and the form in which the applicant requesting Party wishes would prefer to receive the information from the requested Partyit;
(d) the taxable period with respect to which the information is requested;
(e) the tax purpose for which the information is sought, including:
(i) the citation of the legal authority matter under the applicant Party’s requesting Party‟s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds for believing that the information requested is held present in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
(hg) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
(ih) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement;; and
(ji) a statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficultiesdifficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours within its means to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested party Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities authority for the purposes specified in Article 1 and subject to Article 2 of the this Agreement, have has the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trustees;capacity; and
b) information Information regarding the beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2, ownership information on all such persons in an ownership chainshares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, provided that this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the The identity of the taxpayer person under examination or investigation;
(b) the identity of the person in respect of whom information is requested, if that person is not also the taxpayer in subparagraph (a) of this paragraph;
(c) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party;
(d) the taxable The period with respect to for which the information is requested;
(ec) The nature of the information sought and the form in which the requesting Party would prefer to receive it;
d) The tax purpose for which the information is sought, including:
(i) the citation of the legal authority under the applicant Party’s tax law with respect to which the information is sought; and
(ii) whether the matter is a criminal tax matter;
(fe) the The reasons for believing that the information requested is foreseeably relevant to the tax administration or and enforcement of the taxes of the requesting Party covered under Article 3Party, with respect to a the person identified in subparagraph (a) of this paragraph;
(gf) grounds Grounds for believing that the information requested is held in the requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the requested Party;,
(hg) to To the extent known, the name and address of any person believed to be in possession of the requested information;
(ih) a A statement that the request is in conformity with the law laws and administrative practices of the applicant requesting Party, that if the requested information was within the jurisdiction of the applicant requesting Party then the competent authority of the applicant requesting Party would be able to obtain the information under the laws of the applicant requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(ji) a A statement that the applicant requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party, advise if there are any unexpected delays in obtaining the requested information Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible reasonable delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement