Exchange of Information Upon Request. 1. The competent authority of the Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 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 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 an 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) 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; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chain; 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. 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 under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the Requesting Party wishes to receive the information from the Requested Party; c) the tax purpose for which the information is sought; d) 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; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the Requesting Party, that if the requested information was within the jurisdiction g) a statement that the 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 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.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority Competent Authorities of the Contracting Tax Administrations, shall exchange information to administer and enforce their domestic laws concerning taxes covered by this Agreement, including information for:
a) the determination, assessment, and collection of such taxes,
b) the recovery and enforcement of tax claims,
c) the investigation or prosecution of alleged tax offences.
2. The Competent Authority of the Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
23. If the information in the possession of the competent authority 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 Requesting Applicant Party with the information requested, notwithstanding that the Requested Party may not need such information for its own tax purposes.
34. If specifically requested by the competent authority Competent Authority of an Requesting the Applicant Party, the competent authority 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.
45. Each Contracting Party shall ensure that its competent authorities Competent 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 acting in an agency or fiduciary capacity including nominees and proxies, legal or contractual representatives, as well as trustees;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of subsection 2 of Article 21, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chainbeneficiaries; 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.
56. The competent authority Competent Authority of the Requesting Applicant Party shall provide the following information to the competent authority Competent Authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose for which the information is sought;
(d) 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 jurisdiction of the Requested Party;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the information request is in conformity with this Agreement; and
(g) a statement that the Requesting Applicant 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 Competent Authority of the Requested Party shall forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority Competent Authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority Competent Authority of the Requesting Applicant Party and shall notify the competent authority Competent Authority of the Requesting Applicant Party of deficiencies in the request, if any, within 60 FORTY (40) 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 three months of receipt of the request, or six months if the information is not in possession of said Party or at its immediate disposal; including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. If these requirements were not satisfied, the Requested Contracting Party may, in its discretion, accept the request for supply information, but without being obliged to do so.
Appears in 1 contract
Sources: Agreement for the Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority Competent Authority of the Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
2. If the information in the possession of the competent authority 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 Requesting 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 Competent Authority of an Requesting Applicant Party, the competent authority 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 Competent Authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information 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 and beneficiaries beneficiaries, and where applicable, those persons to which the position in an ownership chaintrust property title is transferred at the expiration of the trust; 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. The competent authority Competent Authority of the Requesting Applicant Party shall formulate a request for information with the greatest possible detail, and shall provide the following information information, in writing, to the competent authority Competent Authority of the Requested Party 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 person 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 Requesting Applicant Party wishes to receive the information from the Requested Party;
cd) the taxable period with respect to which the information is requested;
e) the tax purpose for which the information is sought, including:
i) the provision under the Applicant Party’s tax or other law with respect to which the information is sought; and
ii) whether the matter relates to a tax offence;
df) the reasons for considering that the information requested is foreseeably relevant to the Applicant Party’s tax administration and enforcement with respect to 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;
e▇) to the extent known, the name and address of any person believed to be in possession of the requested information;
fi) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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;
gj) a statement that the Requesting 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 Competent Authority of the Requested Party shall acknowledge receipt of a request to the Competent Authority of the Applicant Party, shall 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. To ensure a prompt response, Applicant Party with 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 requestleast 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 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 conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct it 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, in accordance with the terms provided in paragraph 7 a), 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.
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 to provide the 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 an the 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 of the this Agreement, have has the authority to obtain and provide 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) 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; and in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. 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 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. 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 under the this Agreement in order to demonstrate the foreseeable relevance of the information to the request:
a) a. the identity of the person under examination or investigation;
b) a statement b. the period for which the information is requested;
c. the nature and type of the information requested, including a description of the specific evidence sought including its nature and the form in which the Requesting Party wishes would prefer to receive the information from the Requested Partyinformation;
c) d. the tax purpose purposes for which the information is soughtsought and the reasons why the information requested is foreseeably relevant to the administration or enforcement of the domestic laws of the Requesting Party;
d) e. grounds for believing that the information requested is held present in the territory of the Requested Party or is in the possession or control of a person within subject to the jurisdiction of the Requested Party;
e) f. to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
f) g. a statement declaration that the request is in conformity with this Agreement and the law laws and administrative practices of the Requesting Party, and that if the requested information was were within the jurisdictionjurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain the information under the laws of the Requesting Party or in the normal course of administrative practice;
g) h. a statement that the 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 forward the requested information as promptly as possible to the competent authority of the Requesting Party. To ensure a prompt response, :
a. 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, if any, request within 60 days of the receipt of the request.; and
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 information upon request information by the competent authority of the applicant Party for the purposes referred to in Article 11 (Object and Scope of this Agreement). 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 requested Party if such conduct occurred in the Requested requested Party.
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 Requesting applicant Party with the information requested, notwithstanding that the Requested requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the applicant 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 applicant Party.
3. If specifically requested by the competent authority of an Requesting the applicant 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 (Object and Scope of the this Agreement) of this Agreement, have has 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;; and
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 22 (Jurisdiction), ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chainbeneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. FurtherNotwithstanding subparagraph 4(b), 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 difficultiesdifficulties to the requested Party.
5. The competent authority of the Requesting applicant Party shall provide the following information to the competent authority of the Requested requested Party when making a request for information under this Agreement, with the Agreement to demonstrate the foreseeable relevance greatest degree of the information to the requestspecificity possible:
(a) the identity of the person or ascertainable group or category of persons under examination or investigation;
(b) a statement of the information sought sought, including its nature and the form in which the Requesting applicant Party wishes to receive the information from the Requested requested Party;
(c) the period of time with respect to which the information is requested;
(d) the matter under the applicant Party’s tax purpose for law with respect to which the information is sought;
d(e) grounds for believing that the information requested is foreseeably relevant to tax administration or enforcement of the applicant Party with respect to the person or group or category of persons identified in subparagraph 5(a);
(f) grounds for believing that the information requested is held in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
e(g) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
f(h) a statement that the request is in conformity with the law and administrative practices of the Requesting applicant Party, that if the requested information was within the jurisdictionjurisdiction 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
g(i) a statement that the Requesting 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 requested Party shall intends to forward the requested information as promptly as possible to the Requesting applicant Party. To ensure a prompt response, the competent authority of the Requested requested Party shall intends to:
a) confirm receipt of a request in writing to the competent authority of the Requesting applicant Party and shall notify the competent authority of the Requesting 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, promptly inform the applicant 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the territory of the Requested Party.
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 Requesting 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 an Requesting 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 Agreement, have has 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, 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 the position in an ownership chainbeneficiaries; 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 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party 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 person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose for which the information is sought;
(d) 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;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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
(g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Exchange of Information 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 Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested requested Party if such conduct it occurred in the Requested territory of the requested Party.
2. If the information in the possession of received by the competent authority of the Requested 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.
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 Requesting 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 an Requesting the 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; and in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. FurtherNotwithstanding the preceding paragraphs, this Agreement does not create an obligation on the Contracting Parties to obtain or provide provide:
(i) 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;
(ii) information which is older than 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.
56. The competent authority of the Requesting requesting Party shall provide the following information to the competent authority of the Requested requested Party when making a request for information under the this Agreement in order to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) a statement of the period for which the information sought including its nature and the form in which the Requesting Party wishes to receive the information from the Requested Partyis requested;
c) the nature and type of the information requested, including a description of the
d) the tax purpose purposes for which the information is soughtsought and the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the domestic laws of the requesting Party;
de) 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;
ef) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
fg) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the Requesting requesting Party, and that if the requested information was were within the jurisdictionjurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice;
gh) a statement that the Requesting 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 requested Party shall forward the requested information as promptly as possible to the Requesting competent authority of the requesting Party. To ensure a prompt response, the competent authority of the Requested requested Party shall shall:
a) confirm the receipt of a request in writing to the competent authority of the Requesting requesting Party and shall notify the competent authority of the Requesting requesting Party of any deficiencies in the request, if any, 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 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 to explain the reasons 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct would have occurred in the Requested Party.
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 Requesting 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 an Requesting 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 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; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chainbeneficiaries; 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party 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 person under examination or investigation;
b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
c) the tax purpose for which the information is sought;
d) 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;
e) to the extent known, the name and address of any person believed to be in possession of the requested information;
f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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;
g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall confirm shall:
a) Confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
7. Requests shall be submitted in writing in the official language of the country receiving such request – in the case of Argentina: Spanish language or in the case of the Cayman Islands: English language – and may be made by electronic means.
Appears in 1 contract
Sources: 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 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 an 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) 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; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chain; 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. 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 under the Agreement to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) a statement of the information sought including its nature and the form in which the Requesting Party wishes to receive the information from the Requested Party;
c) the tax purpose for which the information is sought;
d) 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;
e) to the extent known, the name and address of any person believed to be in possession of the requested information;
f) a statement that the request is in conformity with the law and administrative practices of the Requesting Party, that if the requested information was within the jurisdictionjurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain the information under the laws of the Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
g) a statement that the 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 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. 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, 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 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 under the laws of the Requested Party if such conduct occurred in the Requested Party.. If the information received by the competent authority of the Requested Party is not sufficient to enable it to comply
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 to provide the 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 an the 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 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 ownership and beneficial ownership of companies, partnerships, trusts, foundations, “Anstalten” collective investment funds, and other persons, 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 trustees, beneficiaries and the position in an ownership chainprotectors; 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 ; provided that in the Contracting Parties to obtain or provide ownership information with respect to case of publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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 under the this Agreement in order to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) the period for which the information is requested;
c) a statement of the specific evidence, information or other assistance sought including its nature and the form in which the Requesting Party wishes to receive the information from the Requested Party;
cd) the tax purpose purposes for which the information is sought;
de) reasonable grounds for believing that the information requested is held in by the authorities of the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party;
ef) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
fg) a statement declaration that the request is in conformity with the law and administrative practices of the Requesting Party, that if the requested information was within the jurisdictionjurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain the information under the laws of the Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
gh) a statement that the 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 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 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, if any, 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 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, 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requested Party shall use all relevant information gathering measures to provide the Requesting 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 an Requesting 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 acting in an agency or fiduciary capacity including nominees and trustees;
(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; in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose for which the information is sought;
(d) 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 jurisdiction of the Requested Party;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the information request is in conformity with this Agreement;
(g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, 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 requested Party shall provide upon request 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 requested Party if such conduct had occurred in 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 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 information, that the requested Party shall use at its own discretion all relevant information gathering measures necessary to provide the Requesting 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 an Requesting the 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 for it has the purposes specified in authority subject to the terms of Article 1 and within the constraints of the Agreement, have the authority Article 2 to obtain and provide through its competent authority 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, including 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 and beneficiaries and the position in an ownership chain; and beneficiaries;
(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 schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party when making a Any request for information under shall be formulated with the Agreement to demonstrate the foreseeable relevance of the information to the requestgreatest detail possible and shall specify in writing as a minimum:
(a) the identity of the person under examination or investigation;
(b) a statement the period for which the information is sought;
(c) the nature of the information sought including its nature requested and the form in which the Requesting requesting Party wishes would prefer to receive the information from the Requested Partyit;
c(d) the tax purpose for which the information is sought;
d(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 held present in the Requested requested Party or is in the possession of or control of is obtainable by a person within the jurisdiction of the Requested requested Party;
e(g) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information;
f(h) a statement that the request is in conformity with the law laws and administrative practices of the Requesting requesting Party, that if the requested information was within the jurisdictionjurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
g(i) a statement that the Requesting 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 requested Party shall forward the requested information as promptly as possible to the Requesting Party. To ensure a prompt response, the competent authority acknowledge receipt of the Requested Party shall confirm receipt of a request in writing to the competent authority of the Requesting requesting Party and shall notify use its best endeavours to forward the competent authority of requested information to the Requesting requesting Party of deficiencies in with the request, if any, within 60 days of the receipt of the requestleast possible delay.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. (a) The competent authority of the Requested Party shall obtain and provide upon request information for the purposes referred to in Article 1. Such information shall include:
(i) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; and
(ii) information regarding the ownership of companies, partnerships, trusts, 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 and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
(b) The information referred to in subparagraph (a) shall be exchanged provided without regard to whether the conduct being investigated under examination would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requesting 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 an Requesting the Applicant Party, the competent authority of the Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, Article 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 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; in the case of trusts, information on settlors, trustees and beneficiaries and the position in an ownership chain; 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 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information sought to the request:
(a) the identity of the person under examination or investigationexamination;
(b) a statement of the information sought requested including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose purposes for which the information requested is sought;
(d) grounds for believing that the information requested is held in by the Requested Party or is in the possession or control of a person who is within the territorial jurisdiction of the Requested Party;
(e) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
(f) a statement that the request is in conformity with the law laws and administrative practices of the Requesting Applicant Party, that if the information requested information was within the jurisdictionterritorial jurisdiction of the Applicant Party then the competent authority of the Applicant Party would be able to obtain the information under the laws or in the normal course of administrative practices of the Applicant Party and that the request is in conformity with the Agreement; and
(g) a statement that the Requesting Applicant Party has pursued all means available in within its own territory territorial jurisdiction to obtain the informationinformation requested, except those that would give rise to disproportionate difficulties.
6. The competent authority of the Requested Party shall forward the information requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting Applicant Party of deficiencies in the request, if any, within 60 sixty 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 days of the receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, immediately inform the competent authority of the Applicant 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 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 conduct being investigated would constitute a crime under the laws of the Requested requested Party if such conduct it occurred in the Requested territory of the requested Party.
2. If the information in the possession of received by the competent authority of the Requested 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.
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 Requesting 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 an Requesting the 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; and in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. FurtherNotwithstanding the preceding paragraphs, this Agreement does not create an obligation on the Contracting Parties to obtain or provide provide:
(i) 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;
(ii) information which is older than 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.
56. The competent authority of the Requesting requesting Party shall provide the following information to the competent authority of the Requested requested Party when making a request for information under the this Agreement in order to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) a statement the period for which the information is requested;
c) the nature and type of the information requested, including a description of the specific information sought including its nature and the form in which the Requesting requesting Party wishes would prefer to receive the information from the Requested Partyinformation;
cd) the tax purpose purposes for which the information is soughtsought and the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the domestic laws of the requesting Party;
de) 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;
ef) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
fg) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the Requesting requesting Party, and that if the requested information was were within the jurisdictionjurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice;
gh) a statement that the Requesting 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 requested Party shall forward the requested information as promptly as possible to the Requesting competent authority of the requesting Party. To ensure a prompt response, the competent authority of the Requested requested Party shall shall:
a) confirm the receipt of a request in writing to the competent authority of the Requesting requesting Party and shall notify the competent authority of the Requesting requesting Party of any deficiencies in the request, if any, 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 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 to explain the reasons 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 requested Party shall provide upon request information infor- mation for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested requested Party if such conduct occurred in the Requested requested Party.
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 Party shall use all relevant information gathering measures to provide the Requesting applicant Party with the information infor- mation 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 an Requesting applicant Party, the competent com- petent 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 aut- henticated 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 legal and beneficial ownership of companies, partnerships, trusts, foundationsfoun- dations, “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 the position in an ownership chainbeneficiaries; and in the case of foundations, information on founders, members of the foundation council cou- ncil 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. The competent authority of the Requesting applicant Party shall provide the following information infor- mation to the competent authority of the Requested requested Party when making a request for information informa- tion under the Agreement to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) a statement of the information sought including its nature and the form in which the Requesting applicant Party wishes to receive the information from the Requested requested Party;
c) the tax purpose for which the information is sought;
d) grounds for believing that the information requested is held in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
e) to the extent known, the name and address of any person believed to be in possession of the requested information;
f) a statement that the request is in conformity with the law and administrative practices of the Requesting applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 con- formity with this Agreement;
g) a statement that the Requesting applicant 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 requested Party shall forward the requested information infor- mation as promptly as possible to the Requesting applicant Party. To ensure a prompt response, the competent com- petent authority of the Requested requested Party shall confirm shall:
a) Confirm receipt of a request in writing to the competent authority of the Requesting app- licant Party and shall notify the competent authority of the Requesting 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, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Exchange of Information Upon Request. 1. The competent authority Competent Authority of the Requested Party shall provide upon request in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime tax offence under the laws of the Requested Party if such conduct occurred in the territory of the Requested Party.
2. If the information in received by the possession of the competent authority 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.
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, the Requested Party shall use all relevant information gathering measures to provide the 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 Competent Authority of an the Requesting Party, the competent authority 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 Competent 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 and beneficiaries beneficiaries, and where applicable, those persons to whom the position in an ownership chaintrust property title is transferred at the expiration of the trust; and in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. FurtherNotwithstanding the preceding paragraphs, 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.
56. The competent authority Competent Authority of the Requesting Party shall provide the following information to the competent authority Competent Authority of the Requested Party when making a request for information under the this Agreement in order to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person or persons under examination examination, inspection or investigation;
(b) a statement the period for which the information is requested;
(c) the nature and type of the information sought requested, including its nature a description of the information and/or specific evidence sought, and the form in which the Requesting Party wishes would prefer to receive the information from the Requested Partyinformation;
c(d) the tax purpose purposes for which the information is sought;
d(e) grounds for believing that the information requested is held present in the territory of the Requested Party or is in the possession or control of a person within subject to the jurisdiction of the Requested Party;
e(f) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested;
f(g) a statement that the request is in conformity with this Agreement and the law laws and administrative practices of the Requesting Party, and that if the requested information was were within the jurisdictionjurisdiction of the Requesting Party then the Competent Authority of the Requesting Party would be able to obtain the information under the laws of the Requesting Party or in the normal course of administrative practice;
g(h) a statement that the 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 Competent Authority of the Requested Party shall forward the requested information as promptly as possible to the Competent Authority of the Requesting Party. To ensure a prompt response, the competent authority Competent Authority of the Requested Party shall shall:
(a) immediately confirm receipt of a request in writing to the competent authority Competent Authority of the Requesting Party and shall notify the competent authority Competent Authority of the Requesting Party of deficiencies in the request, if any, within 60 sixty (60) running days of the receipt of the request;
(b) provide the requested information to the Competent Authority of the Requesting Party within a maximum period of ninety (90) running days as of receipt of the request; and
(c) 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, if the Competent Authority of the Requested Party has been unable to obtain and provide the information within ninety (90) running days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information.
Appears in 1 contract
Sources: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority Competent Authority of the Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
2. If the information in the possession of the competent authority 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 Requesting 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 Competent Authority of an Requesting Applicant Party, the competent authority 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 Competent Authorities for the purposes specified in Article 1 of the Agreement, have the authority to obtain and provide upon request:
a) information Information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information 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 and beneficiaries beneficiaries, and where applicable, those persons to which the position in an ownership chaintrust property title is transferred at the expiration of the trust; 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. The competent authority Competent Authority of the Requesting Applicant Party shall formulate a request for information with the greatest possible detail, and shall provide the following information information, in writing, to the competent authority Competent Authority of the Requested Party 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 person 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 Requesting Applicant Party wishes to receive the information from the Requested Party;
cd) the taxable period with respect to which the information is requested;
e) the tax purpose for which the information is sought, including:
i) the provision under the Applicant Party’s tax or other law with respect to which the information is sought; and
ii) whether the matter relates to a tax offence;
df) the reasons for considering that the information requested is foreseeably relevant to the Applicant Party’s tax administration and enforcement with respect to 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;
eh) to the extent known, the name and address of any person believed to be in possession of the requested information;
fi) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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;
gj) a statement that the Requesting 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 Competent Authority of the Requested Party shall acknowledge receipt of a request to the Competent Authority of the Applicant Party, shall 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. To ensure a prompt response, Applicant Party with 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 requestleast 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 requested Party shall provide upon request 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 requested Party if such conduct occurred in the Requested requested Party.
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 Party shall use all relevant information gathering measures to provide the Requesting 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 an Requesting the 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, 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 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 and beneficiaries and the position in an ownership chainbeneficiaries; 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. The competent authority of the Requesting requesting Party shall provide the following information in writing to the competent authority of the Requested requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information sought to the request:
a) the identity of the person under examination or investigation;
b) the taxable period for which information is requested;
c) a statement of the information sought including its nature and the form in which the Requesting applicant Party wishes to receive the information from the Requested requested Party;
cd) the tax purpose for which the information is sought;
de) grounds for believing that the information requested is held foreseeably relevant to the administration and enforcement of the domestic tax laws of the applicant Party with regard to the person specified in subparagraph (a);
f) grounds for believing that the information requested is present in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
eg) to the extent known, the name and address of any person believed to be in possession or control of the requested information;
fh) a statement that the request is in conformity with the law laws and administrative practices of the Requesting requesting Party, that if the requested information was within the jurisdictionjurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
gi) a statement that the Requesting 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 requested Party shall forward the requested information as promptly as possible to the Requesting requesting Party. To ensure a prompt response, the competent authority of the Requested requested Party shall confirm shall:
a) Confirm receipt of a request in writing to the competent authority of the Requesting requesting Party and shall notify the competent authority of the Requesting 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 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 Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requesting 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 an Requesting 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 acting in an agency or fiduciary capacity including nominees and trustees;
(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; in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose for which the information is sought;
(d) 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 jurisdiction of the Requested Party;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the information request is in conformity with this Agreement;
(g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requesting 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 an Requesting 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(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; , 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 and beneficiaries and the position in an ownership chainbeneficiaries; and and
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries. FurtherNotwithstanding the preceding paragraphs, this Agreement does not create creates 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 cannot be obtained without giving rise to disproportionate difficulties.
5. The competent authority of the Requesting Applicant Party shall formulate a request for information with the greatest possible detail and shall provide the following information in writing to the competent authority of the Requested Party 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 person 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 Requesting Applicant Party wishes to receive the information from the Requested Party;
cd) 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;
d(ii) whether the matter is a criminal tax matter; and
(iii) the reasons for believing that the information requested is foreseeably relevant to the Applicant Party’s tax administration and enforcement with respect to the person identified in subparagraph (a) of this paragraph;
f) 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 jurisdiction of the Requested Party;
eg) to the extent known, the name and address of any person believed to be in possession of the requested information;
fh) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the request is in conformity with this Agreement; and
gi) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall confirm shall:
a) Confirm receipt of a request (and any subsequent corrected requests) in writing to the competent authority of the Requesting Applicant Party and shall notify no later then fifteen working days after receipt.
b) Notify the competent authority of the Requesting Applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request (and any subsequent corrected requests).
c) If the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of a properly constituted request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. The Applicant Party shall subsequently decide whether or not to rescind its request. If it decides not to rescind its request the Parties shall informally and directly, through Mutual Agreement or otherwise, discuss the possibilities to achieve the purpose of the request and consult with each other the manner in which to achieve that objective.
d) 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. The time restrictions mentioned in this Article do not in any way impact on the validity and legality of information exchanged under this Agreement.
7. The competent authorities of the Contracting Parties may by mutual agreement settle the mode in which requests for information shall be submitted to the Requested Party.
Appears in 1 contract
Sources: Agreement on Exchange of Information on Tax Matters
Exchange of Information Upon Request. 1. The competent authority of the Requested Party State shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party State if such conduct occurred in the Requested PartyState.
2. If the information in the possession of the competent authority of the Requested Party State is not sufficient to enable it to comply with the request for information, that Party State shall use all relevant information gathering measures to provide the Requesting Party Applicant State with the information requested, notwithstanding that the Requested Party State may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of an Requesting PartyApplicant State, the competent authority of the Requested Party State 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 State 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 acting in an agency or fiduciary capacity including nominees and trustees;
(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; in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. The competent authority of the Requesting Party Applicant State shall provide the following information to the competent authority of the Requested Party State when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Party Applicant State wishes to receive the information from the Requested PartyState;
(c) the tax purpose for which the information is sought;
(d) the grounds for believing that the information requested is held in the Requested Party State or is in the possession or control of a person within the jurisdiction of the Requested PartyState;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting PartyApplicant State, that if the requested information was within the jurisdictionjurisdiction of the Applicant State then the competent authority of the Applicant State would be able to obtain the information under the laws of the Applicant State or in the normal course of administrative practice and that the information request is in conformity with this Agreement; and
(g) a statement that the Requesting Party Applicant State 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 State shall forward the requested information as promptly as possible to the Requesting PartyApplicant State. To ensure a prompt response, the competent authority of the Requested Party shall State shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Party Applicant State and shall notify the competent authority of the Requesting Party Applicant State 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 State 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 State, explaining the reason for its inability, the nature of the obstacles or the reasons 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 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 under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 to provide the 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 an the 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 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 and trustees, beneficiaries and the position in an ownership chainprotectors; 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. 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 under the Agreement to demonstrate the foreseeable relevance of the information to the requestParty:
a) the identity of the person under examination or investigation;
b) a statement the period of time with respect to which information is requested;
c) the nature of the information sought including its nature requested and the form in which the Requesting Party wishes to receive the information from the Requested Partyit;
cd) the tax purpose purposes for which the information is sought;
de) grounds for believing that the information requested is held present 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;
ef) 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;
fg) a statement that the request is in conformity conforms with the law and administrative practices of the Requesting Party, that if the requested information was within the jurisdiction;
gh) a statement that the 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 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 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, if any, 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 receipt of the request, it shall inform the Requesting Party, explaining the reason for its inability.
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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requesting 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 an Requesting 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 acting in an agency or fiduciary capacity including nominees and trustees;
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; in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
c) the tax purpose for which the information is sought;
d) 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 jurisdiction of the Requested Party;
e) to the extent known, the name and address of any person believed to be in possession of the requested information;
f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the information request is in conformity with this Agreement;
g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, 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 information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
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 Requesting 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 an Requesting 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 acting in an agency or fiduciary capacity including nominees and trustees;
(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; in the case of trusts, information on settlors, trustees and trustees, beneficiaries and the position in an ownership chainprotectors; 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. The competent authority of the Requesting Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the this Agreement to demonstrate the foreseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) a statement of the information sought including its nature and the form in which the Requesting Applicant Party wishes to receive the information from the Requested Party;
(c) the tax purpose for which the information is sought;
(d) 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 jurisdiction of the Requested Party;
(e) to the extent known, the name and address of any person believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law and administrative practices of the Requesting Applicant Party, that if the requested information was within the jurisdictionjurisdiction 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 the information request is in conformity with this Agreement;
(g) a statement that the Requesting 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 forward the requested information as promptly as possible to the Requesting Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall shall:
(a) confirm receipt of a request in writing to the competent authority of the Requesting Applicant Party and shall notify the competent authority of the Requesting 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, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Appears in 1 contract
Sources: Exchange of Information Agreement