SWITZERLAND: DISTINCTION BETWEEN ADMINISTRATIVE ASSISTANCE IN TAX MATTERS AND LEGAL ASSISTANCE IN CRIMINAL MATTERS

CMS von Erlach PoncetAG on 26th February published a briefing which said that on December 18th the Federal Supreme Court rendered a landmark decision preventing the Swiss Federal Tax Administration (SFTA) from transmitting un-redacted bank files to the US IRS which contained information on third parties which had allegedly helped a US taxpayer to defraud the IRS, ad that that the names of bank employees and the attorney/notary who were involved with the setting up and management of the account, and likewise other information that would allow identification of those individuals, needed to be redacted. The article says that this decision comes as a surprise and marks a turning point in the protracted and heated discussion about the extent of information that the IRS may obtain by way of administrative assistance under the US-Switzerland Double Taxation Treaty.  What is of particular interest to white collar crime practitioners, it says, is the emphasis put on the distinction between administrative assistance in tax matters versus legal assistance in criminal matters.

https://www.lexology.com/library/detail.aspx?g=6c505f39-8437-4562-8d89-612235974f57&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2018-02-28&utm_term=

 

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s