On 31 March, an article from Carey Olsen is concerned with a recent decision which provides welcome clarification for Respondents on the right of review of Production Orders pursuant to the Tax Information Exchange Agreements regime (‘TIEA’). The International Cooperation (Tax Information Exchange Agreements) Act 2005 allows the Minister of Finance to provide assistance to the competent authorities of any jurisdiction which has entered into a tax information agreement with Bermuda; and its section 5 requires a Production Order from the Supreme Court and permits the application to be made ex parte. Section 5(6) permits a target of a Production Order to challenge the order by seeking a right of review, subject to conditions, and do not have an automatic right to receive disclosure of the documents filed with the court on the ex parte application. The court agreed that the TIEA is limited to the exchange of information of that which is ‘foreseeably relevant’ and held that the Respondent should be provided with as much information of the request as necessary to demonstrate that article 5(6) of the TIEA has been complied with. It also said that a TIEA does not enable parties to engage in fishing expeditions or to request information that is unlikely to be relevant to the tax affairs of a given taxpayer.
Any modest contributions for my time and ongoing expenses are welcomed! I have a page, where contributions start as low as $3, at https://www.buymeacoffee.com/KoIvM842y