Exchange of Information Upon Request. (1) The competent authority of the requested Party shall provide upon request of the applicant Party 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 Party if such conduct occurred in the requested Party. The competent authority of the applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means available in 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 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 applicant Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes. (3) If specifically requested by the competent authority of an 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, in accordance with the terms of 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 ownership of companies, partnerships and other persons, including, aa) in the case of investment funds or schemes information on the units, shares or other interests in the fund or scheme;
Appears in 5 contracts
Samples: Agreement on the Exchange of Information on Tax Matters, Agreement on the Exchange of Information on Tax Matters, 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 of by the applicant requesting Party 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 Party if such conduct it had occurred in the territory of the requested Party. The competent authority of the applicant 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 available in its own territorymeans, 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 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 necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, not need such information for its own tax purposes.
(3) . If specifically requested by the competent authority of an applicant 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 authoritiesit has the authority, in accordance with subject to the terms of this Agreement have the authority Article 1, to obtain and provide provide, through its competent authority and 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 and beneficial ownership of companies, partnerships and other persons, includingand within the constraints of Article 1 any other persons in an ownership chain, aaincluding in the case of collective investment funds or schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees, protectors and beneficiaries;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries.
5. This Agreement does not create an obligation 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 on can be obtained without giving rise to disproportionate difficulties.
6. Any request for information shall be formulated with the unitsgreatest detail necessary and shall specify in writing:
(a) the identity of the person under examination or investigation;
(b) the period for which the information is requested;
(c) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the requesting Party, shares or other interests with respect to the person identified in subparagraph (a) of this paragraph;
(f) the grounds for believing that the information requested is present in the fund requested Party or schemeis in the possession of or obtainable by a person within the jurisdiction of the requested Party;
(g) to the extent known, the name and address of any person believed to be in possession of or able to obtain the information requested;
(h) a statement that the request conforms with the laws and administrative practice of the requesting Party, that if the requested information was within the jurisdiction 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;
(i) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
7. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party and shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay.
Appears in 5 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Agreement Between the Government of Australia and the States of Guernsey 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 of the applicant Party 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 Party if such conduct occurred in the territory of the requested Party. The competent authority of the applicant 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 available in its own territorymeans, 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 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 necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, not need such information for its own tax purposes.
(3) If specifically requested by the competent authority of an applicant 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 authoritiesauthorities for the purposes specified in Article 1, and in accordance with Article 2 of the terms of this Agreement 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 partnerships, “Anstalten” and other persons, including, aa) in the case of investment funds or schemes including ownership information on the units, shares or other interests all such persons in the fund or schemean ownership chain;
Appears in 5 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. (1) The competent authority of the requested Party shall provide upon request of the applicant Party 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 Party if such conduct occurred in the requested Party. The competent authority of the applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means available in 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 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 applicant Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
(3) If specifically requested by the competent authority of an 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, in accordance with the terms of 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 ownership of companies, partnerships and other persons, including, aa) in the case of investment funds or schemes information on the units, shares or other interests in the fund or scheme;,
Appears in 3 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. (1) . The competent authority of the requested Party shall provide upon request of the applicant Party 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 Party if such conduct occurred in the requested Party. The competent authority of the applicant 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 available in its own territorymeans, except where the recourse to such means would give rise to disproportionate difficulty.
(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 at its own discretion all relevant information gathering measures necessary to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
(3) . If specifically requested by the competent authority of an 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 authoritiesauthorities for the purposes specified in Article 1 and within the constraints of Article 2, in accordance with the terms of 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 and beneficial ownership of companies, partnerships and other persons, includingincluding in the case of collective investment funds, aainformation on shares, units and other interests;
(ii) in the case of investment funds or schemes a foundation, information on the unitsfounders, shares or other interests members of the foundation council and beneficiaries; and
(iii) in the fund case of trusts, information on settlors, trustees, protectors and beneficiaries; provided that this Agreement does not create an obligation for a Party to obtain or schemeprovide ownership information with respect to publicly traded companies or public collective investment funds, unless such information can be obtained without giving rise to disproportionate difficulties.
5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing:
(a) the identity of the person under examination or investigation;
(b) the period of time with respect to which information is requested;
(c) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the purpose under the requesting Party’s tax law for which the information is sought;
(e) the reasons for considering 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 present in the requested Party or is in the possession of, or is in the control of or obtainable by a person within the jurisdiction of the requested Party;
(g) to the extent known, the name and address of any person believed to be in possession or in control of or able to obtain the requested information;
(h) a statement that the request conforms with the law and administrative practice of the requesting Party and the information would be obtainable by the requesting Party under its laws or in the normal course of administrative practice in similar circumstances, in response to a valid request made from the requested Party under this Agreement;
(i) a statement that the requesting Party has pursued all means available in its own territory to obtain information, except where that would give rise to disproportionate difficulty.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party and shall use its best endeavours to forward the requested information to the requesting party with the least reasonable delay.
Appears in 3 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. (1) . The competent authority of the requested Party shall provide upon request of by the applicant requesting Party information for the purposes referred to in Article 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 Party if such conduct it had occurred in the territory of the requested Party. The competent authority of the applicant 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 available in its own territorymeans, 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 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 applicant requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, not need such information for its own tax purposes.
(3) . If specifically requested by the competent authority of an applicant 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 authoritiesit has the authority, in accordance with subject to the terms of this Agreement have the authority Article 1, to obtain and provide provide, through its competent authority and 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;
bb. (i) information regarding the beneficial ownership of companies, partnerships partnerships, foundations and other persons, including, aa) including in the case of collective investment funds or schemes schemes, information on the unitsshares, shares or units and other interests in the fund or schemeinterests;
Appears in 3 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. (1) . The competent authority of the requested Party shall provide upon request of the applicant Party 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 Party if such conduct occurred in the requested Party. The competent authority of the applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means available in 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 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 applicant Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
(3) . If specifically requested by the competent authority of an 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, in accordance with the terms of 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 ownership of companies, partnerships and other persons, including, aa) in the case of investment funds or schemes information on the units, shares or other interests in the fund or scheme;,
Appears in 1 contract
Samples: Agreement for the Exchange of Information Relating to Tax Matters