Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: Portugal 2015 [electronic resource]: Phase 2: Implementation of the Standard in Practice /
Organisation for Economic Co-operation and Development.
Global Forum on Transparency and Exchange of Information for Tax Purposes,issuing body.
Organisation for Economic Co-operation and Development,issuing body.
Paris : OECD Publishing,
2015.
This report contains the 2014 “Phase 2: Implementation of the Standards in Practice” Global Forum review of Portugal. 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 over 120 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the 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, which has been incorporated in 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 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
About the Global Forum 5 Executive Summary 7 Introduction 11 -Information and methodology used for the peer review of Portugal 11 -Overview of Portugal 12 -Recent developments 20 Compliance with the Standards 21 A. Availability of Information 21 -Overview 21 -A.1. Ownership and identity information 25 -A.2. Accounting records 64 -A.3. Banking information 74 B. Access to Information 79 -Overview 79 -B.1. Competent Authority’s ability to obtain and provide information&nbsp; 82 -B.2. Notification requirements and rights and safeguards 110 C. Exchanging Information 113 -Overview 113 -C.1. Exchange-of-information mechanisms 115 -C.2. Exchange-of-information mechanisms with all relevant partners 127 -C.3. Confidentiality 129 -C.4. Rights and safeguards of taxpayers and third parties 132 -C.5. Timeliness of responses to requests for information 133 Summary of Determinations and Factors Underlying Recommendations&nbsp;145 Annex 1: Jurisdiction’s response to the review report 149 Annex 2: List of all exchange-of-information mechanisms 152 Annex 3: List of all laws, regulations and other relevant material 159  
This report contains the 2014 “Phase 2: Implementation of the Standards in Practice” Global Forum review of Portugal. 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 over 120 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the 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, which has been incorporated in 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 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
Taxation
Taxation
Transparency in government