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Japan, Malaysia Agree To Add New Tax Information Exchange Provisions To DTA

by Mary Swire, Tax-News.com, Hong Kong

31 December 2009


Japan and Malaysia have reached an agreement in principle on a protocol to their existing double taxation agreement (DTA) that is intended to revise its provisions concerning the exchange of information for tax purposes.

The DTA was originally signed on February 19, 1999, and entered into force on December 31 of the same year. A new protocol will now incorporate the internationally agreed Organization of Economic Cooperation and Development standard to make the exchange of information regarding taxes between Japan and Malaysia more effective.

Under the international standard, the revisions will give the tax authorities of both countries a greater ability to exchange taxpayer information and to exchange information on a wider range of taxes. It will also provide that neither tax authority can refuse to provide information solely because it does not require the information for its own domestic purposes.

Both sides will sign the protocol amending the DTA after the necessary procedures have been completed. It will then enter into force after both countries have completed their respective domestic procedures.

A comprehensive report in our Intelligence Report series, examining in depth the situation of offshore transparency and secrecy in a number of the most prominent jurisdictions, is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report2.asp

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