The Organisation for Economic Cooperation and Development (OECD) last week
published two new reports outlining the progress made so far in its campaign
against tax evasion.
'Improving Access to Bank Information for Tax Purposes – the 2007 Progress
Report' describes developments in OECD countries and six others (Argentina,
Chile, China, India, the Russian Federation and South Africa) with respect to
access for tax authorities to bank information.
Meanwhile, 'Tax Co-operation: Towards a Level Playing Field – 2007 Assessment
by the Global Forum on Taxation' compares the legal frameworks for international
tax co-operation of 82 OECD and non-OECD economies. It is the second in a series
of factual reports by the OECD’s Global Forum on Taxation, which was formed
as part of the OECD’s efforts to curb 'harmful' tax practices.
The Organisation observed on Friday that:
"Many financial centres, both onshore and offshore, are making progress
in improving transparency and international co-operation to counter offshore
tax evasion, but some still fall short of international standards that have
been developed over the last seven years."
The OECD went on to suggest that significant restrictions on access to bank
information for tax purposes remain in three OECD countries (Austria, Luxembourg
and Switzerland) and in a number of offshore financial centres (e.g Cyprus,
Liechtenstein, Panama and Singapore). It further argued that a number of offshore
financial centres that committed to implement standards on transparency and
the effective exchange of information standards developed by the OECD’s
Global Forum on Taxation have "failed to do so".
“No one country or even a small group of countries can address the issue
of harmful tax practices on their own,” commented Paolo Ciocca, chair
of the OECD’s Committee on Fiscal Affairs and co-chair of the Global Forum.
“This is a global challenge which requires a global response. In co-operation
with partner financial centres, that is what OECD is seeking to achieve.”
However, Mr Ciocca went on to announce that in the view of the OECD, progress
has recently been made in the following areas:
- Nearly 100 more exchange of information arrangements are now in place, compared
with one year ago, including tax information exchange agreements between the
United States and Guernsey, the Isle of Man and Jersey which entered into
force in 2006.
- The scope of some existing arrangements has been extended. For example,
Switzerland has signed a number of protocols to its bilateral tax conventions
to allow it to exchange information, including bank information, in cases
of tax fraud and the like. Some of these protocols also allow for exchange
of information in both civil and criminal tax matters in the case of holding
companies.
- Access to bank information for tax purposes has been greatly improved in
economies such as Belgium, which in November signed its first tax treaty providing
for exchange of bank information for all tax purposes.
- Increasingly, legislation requires financial and other service providers
to have available details of the beneficial as well as the legal owners of
corporate vehicles. For example, in Macao, China; new anti-money laundering
legislation requires financial institutions to verify the identity of customers
and their beneficial owners. In San Marino, new legislation requires that
from 2008 meetings of joint stock corporations must be held in the presence
of a notary public who is required to identify holders of bearer shares.
- Some jurisdictions, such as Guernsey and Jersey, have brought into force
legislation empowering them to fully implement the provisions of their bilateral
exchange of information arrangements.
“The vast majority of OECD countries already meet or exceed the standards
set in 2000 regarding access to bank information for tax purposes, and the direction
of change is clear,” Mr Ciocca stated, but warned that jurisdictions which
have not yet implemented the standards for transparency and exchange of information
developed by the Global Forum must now do so.
He concluded:
“In January 2008 the Committee on Fiscal Affairs will have a review of
the future direction of this initiative. We will continue to press for further
progress and explore within the Committee how such progress could be achieved.”