Issues Regarding the Task Force

Automatic Tax Information Exchange

Action Item: Require governments to collect from financial institutions data on income, gains, and property paid to non-resident individuals, corporations, and trusts. Mandate that data collected automatically be provided to the governments where the non-resident entity is located.

Background: Globalization and the liberalization of economic activity has converted the private sector into a world without borders. This creates a major problem for national tax authorities because similar changes in their enforcement powers have not kept pace with industry. National tax authorities continue to be constrained by national borders and collecting tax revenue has been difficult.

Additionally, bank secrecy and other confidentiality laws in many jurisdictions (such as tax havens and international financial centers) prevent disclosure of relevant information by financial institutions to government authorities. Further, lax response by tax authorities in those jurisdictions to information requests from foreign governments often delays or prevents cases against tax cheats.

Tax, not aid, is the most sustainable source of finance for development, and tax havens undermine developing countries’ efforts to pay their way. The United Nations’ 2002 Monterrey Consensus and the 2005 UN World Summit require developing countries to mobilize domestic resources for development. This means tackling illicit capital flight and tax evasion. Moreover, the Commentary to the OECD Model Income Tax Treaty and the Commentary to the UN Model Income Tax Treaty both refer to automatic exchange of information.

Some steps have already been taken on this issue. The EU Savings Tax Directive was adopted to ensure the proper operation of the internal market and tackle the problem of tax evasion. It was approved in 2003 and came into effect on July 1st, 2005. The automatic exchange of data on interest paid has been agreed upon by all member states except Austria, Belgium and Luxembourg. More needs to be done to ensure that all nations, developing and developed, collect a fair amount of tax from both individuals and corporations.

G-20 Jurisdiction: Working Group 1 (Enhancing sound regulation and strengthening transparency) and Working Group 2 (Reinforcing international cooperation and promoting integrity in financial markets).

Executing Authority: European Union; UN Committee of Experts on International Cooperation in Tax Matters.

Benefit: It is estimated that individuals have about $12 trillion of assets in jurisdictions other than their countries of residence and not declared in their countries of residence; the lost tax revenue annually from such undeclared assets is estimated at $255 billion. Tax evasion by corporations and other entities is also a major problem.

Automatic Tax Information Exchange in the News

July 22, 2010

German Tax Evasion Resurfaces With Report of Liechtenstein Bank-Disk Offer

Bloomberg–The German government may be about to step up its pursuit of tax evaders amid reports that a new CD containing stolen bank data has been offered for sale to state authorities.

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July 19, 2010

Swiss Court Backs US-Swiss Pact On UBS Data

ZURICH (Dow Jones) — A Swiss court Monday said it backed a U.S.-Swiss deal governing the handover of thousands of pages of confidential data on clients of UBS AG (UBS) to U.S. tax officials as “binding,” rejecting an appeal by a client of the Swiss bank in a test case.

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July 16, 2010

US indicts lawyer they say aided HSBC-linked client

WASHINGTON (Reuters) – A U.S. grand jury indicted on Thursday a Swiss lawyer accused of aiding a man identified as having an account at London-based HSBC Holdings Plc (HSBA.L) evade taxes, the latest in a widening probe into foreign banks that might have helped U.S. clients avoid paying tax.

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May 4, 2010

Julius Baer whistleblower cites Swiss tax edge

MIAMI, May 3 (Reuters) – A former private banker at Julius Baer (BAER.VX), who alleges the Swiss bank knowingly helped rich clients dodge taxes, said on Monday that U.S. clients have long paid a premium for Swiss firms’ tax advantages.

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