Swiss Court Refuses Information Exchange Request
by Ulrika Lomas, Tax-News.com, Brussels
10 January 2018
Switzerland's highest court has ruled that information relating to certain third parties of a tax evasion case cannot be handed over to US tax authorities.
In a decision issued on January 3, the Swiss Federal Court upheld an earlier ruling that the information obtained by the Swiss Federal Tax Authority could not be transmitted to the US because it was not relevant to the case.
The information in question related to the bank account of an American citizen residing in Switzerland and involved details of third-party individuals including bank employees and lawyers, among others.
The court concluded that the FTA had failed to provide a convincing argument that the information was absolutely necessary for proving that tax evasion had taken place. It also said that there was no legal basis for requesting specific information about these individuals through administrative assistance channels, even if tax evasion had taken place.
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