Global forum on transparency and exchange of information for tax purposes peer reviews: United States 2013
Subtitle: combined: phase 1 + phase 2, incorporating phase 2 ratings
Series: Global Forum on Transparency and Exchange of Information for Tax Purposes peer reviews; Global Forum on Transparency and Exchange of Information for Tax Purposes peer reviews
Published: 2013
Language: eng
Number of pages: 104
ISBN-13: 9789264205994; 9789264206007
Subjects: Taxation; Law and legislation
Other titles: United States 2013 :; Peer review report, combined: phase 1 + phase 2, incorporating phase 2 ratings, United States
Description: This report contains the revised Phase 1 +Phase 2 reviews for the United States, now including ratings. 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. For more information on the work of the Global Forum on Transparency and Exchange of Information for Tax Purposes, and for copies of the published review reports, please refer to www.oecd.org/tax/transparency and www.eoi-tax.org.
Notes: "November 2013 (reflecting the legal and regulatory framework as at February 2011)."

Includes bibliographical references.

Online resource; title from PDF title page (OECD iLibrary, viewed December 17, 2013).
Table of contents: title: About the Global ForuḿƠ5 Executive summarýƠ7 Introduction 11 -Information and methodology used for the peer review of the United States 11 -Overview of the United States 12 -Recent developments 19 Compliance with the StandardśƠ 23 A. Availability of InformatiońƠ 23 -OvervieẃƠ 23 -A.1. Ownership and identity information 25 -A.2. Accounting recordśƠ 47 -A.3. Banking information 56 B. Access to InformatiońƠ 61 -Overview 61 -B.1. Competent Authority's ability to obtain and provide information 62 -B.2. Notification requirements and rights and safeguards 69 C. Exchanging InformatiońƠ73 -OvervieẃƠ 73 -C.1. Exchange-of-information mechanisms 74 -C.2. Exchange-of-information mechanisms with all relevant partners 79 -C.3. ConfidentialitýƠ80 -C.4. Rights and safeguards of taxpayers and third parties 82 -C.5. Timeliness of responses to requests for information 84 Summary of Determinations and Factors Underlying RecommendationśƠ93 Annex 1: Jurisdiction's Response to the Review Report́Ơ97 Annex 2: List of all Exchange-of-Information Mechanisms in ForcéƠ98 Annex 3: List of all Laws, Regulations and Other Relevant Material 102 Annex 4: People Interviewed during On-Site Visit́Ơ104.