Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: Slovenia 2014 [electronic resource]: Phase 2: Implementation of the Standard in Practice /
Organisation for Economic Co-operation and Development.
Organisation for Economic Co-operation and Development,issuing body.
Paris : OECD Publishing,
2014.
This book contains the 2014 Phase 2 Global Forum Peer Review report for Slovenia. The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by 120 jurisdictions, which participate in the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the international standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004. The standards have also been incorporated into the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. Fishing expeditions are not authorised but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction’s legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 and Phase 2 – reviews. The Global Forum has also put in place a process for supplementary reports to follow-up on recommendations, as well as for the ongoing monitoring of jurisdictions following the conclusion of a review. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes. All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports.
About the Global Forum 5 Executive Summary 7 Introduction 11 -Information and methodology used for the peer review of Slovenia 11 -Overview of Slovenia 12 -Recent developments 17 Compliance with the Standards 19 A. Availability of Information 19 -Overview 19 -A.1.Ownership and identity information 21 -A.2.Accounting records 49 -A.3.Banking information 57 B. Access to Information 63 -Overview 63 -B.1.Competent Authority’s ability to obtain and provide information 64 -B.2.Notification requirements and rights and safeguards 74 C. Exchanging Information 77 -Overview 77 -C.1.Exchange of information mechanisms 78 -C.2.Exchange of information mechanisms with all relevant partners 86 -C.3.Confidentiality 88 -C.4.Rights and safeguards of taxpayers and third parties 92 -C.5.Timeliness of responses to requests for information 92 Summary of Determinations and Factors Underlying Recommendations 99 Annex 1: Jurisdiction’s Response to the Review Report 103 Annex 2: List of all Exchange-of-Information Mechanisms in Force 104 Annex 3: List of all Laws, Regulations and Other Material Consulted 110 Annex 4: People Interviewed During the On-Site Visit 111
"April 2014, reflecting the legal and regulatory framework as at November 2013."
This book contains the 2014 Phase 2 Global Forum Peer Review report for Slovenia. The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by 120 jurisdictions, which participate in the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the international standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004. The standards have also been incorporated into the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. Fishing expeditions are not authorised but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction’s legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 and Phase 2 – reviews. The Global Forum has also put in place a process for supplementary reports to follow-up on recommendations, as well as for the ongoing monitoring of jurisdictions following the conclusion of a review. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes. All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports.
Taxation
Taxation
Transparency in government