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INTERNATIONAL EXCHANGE OF
INFORMATION IN TAX MATTERS
ELGAR TAX LAW AND PRACTICE
The Elgar Tax Law and Practice series is a library of works by leading practitioners and
scholars covering discrete areas of law in the field of Taxation. The titles in the series
are analytical in approach, highlighting and unpicking the legal issues that are most
critical and relevant to practice. Designed to be detailed, focused reference works, the
books in this series aim to offer an authoritative statement on the law and practice in
key topics within the field, such as Value Added Tax, Exchange of Information, and
International Tax Treaties.
Titles in the series include:
Judicial Interpretation of Tax Treaties
The Use of the OECD Commentary
Carlo Garbarino
A Guide to the Anti-Tax Avoidance Directive
Edited by Werner Haslehner, Katerina Pantazatou, Georg Kofler and Alexander Rust
EU Value Added Tax Law
KPE Lasok KC
EU Tax Disclosure Rules
Mandatory Reporting of Cross-border Transactions for Taxpayers and Intermediaries
Florian Haase
Beneficial Ownership in International Taxation
Błażej Kuźniacki
International Exchange of Information in Tax Matters
Towards Global Transparency, Third Edition
Xavier Oberson
INTERNATIONAL
EXCHANGE OF
INFORMATION IN TAX
MATTERS
Towards Global Transparency
THIRD EDITION
XAVIER OBERSON
Professor of Law, University of Geneva, Switzerland
ELGAR TAX LAW AND PRACTICE
Cheltenham, UK • Northampton, MA, USA

© Xavier Oberson 2023
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted
in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the
prior permission of the publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.

William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book

is available from the British Library
Library of Congress Control Number: 2023930035
This book is available electronically in the

Law subject collection
http://dx.doi.org/10.4337/9781800884915
ISBN 978 1 80088 490 8 (cased)

ISBN 978 1 80088 491 5 (eBook)
CONTENTS
Extended contentsvi
List of abbreviationsxv
Table of casesxviii
Table of legislationxxi
1 Introduction to International Exchange of Information in Tax Matters1
2 Historical development of international exchange of information rules 5
3 Exchange of information under Double Taxation Conventions 17
4 A practical example: administrative assistance and exchange of information between the

United States and Switzerland 51
5 Assistance in the collection of taxes under DTC 62
6 Tax Information Exchange Agreements (TIEAs) 69
7 The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 82
8 The EU Directives 95
9 The so-called Swiss ‘Rubik’ agreements 164
10 The Foreign Account Tax Compliance Act (FATCA) 172
11 Towards automatic exchange of information 187
12 Automatic exchange of information (AEOI): the OECD Common Reporting Standard 207
13 Solving the past 229
14 The impact of the OECD Base Erosion and Profit Shifting (BEPS) Programme 236
15 Exchange of information on digital platforms 269
16 Exchange of information on crypto-assets and crypto-currencies 279
17 Legal protection of the taxpayer 288
18 Conclusion to International Exchange of Information in Tax Matters341
General bibliography350
Index365
v
EXTENDED CONTENTS
List of abbreviationsxv
Table of casesxviii
Table of legislationxxi
1 INTRODUCTION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

MATTERS
2 HISTORICAL DEVELOPMENT OF INTERNATIONAL EXCHANGE OF

INFORMATION RULES
I. FIRST MODELS 2.01
II. THE DEVELOPMENT OF THE INITIATIVE AGAINST HARMFUL TAX COMPETITION AND
ITS IMPACT 2.07
III. DEVELOPMENTS AT THE EU LEVEL 2.11
IV. THE ‘BIG BANG’ 2.13
V. TOWARDS AUTOMATIC EXCHANGE OF INFORMATION 2.27
VI. THE IMPACT OF THE BEPS INITIATIVE 2.36
VII. NEW MODELS 2.39
3 EXCHANGE OF INFORMATION UNDER DOUBLE TAXATION CONVENTIONS

I. TOWARDS A MODEL DTC 3.001
A. Introduction 3.001
B. The Drafts of the League of Nations 3.003
C. The OECD Model DTC 3.006
D. The UN Model DTC 3.010
E. The US Model DTC 3.011
II. THE SCOPE AND CONDITIONS OF EXCHANGE OF INFORMATION 3.013
A. Material Scope 3.013
1. The standard of foreseeable relevance 3.013
2. The prohibition of fishing expeditions 3.022
3. An alternative (intermediary) solution: exchange of information in cases of ‘tax
fraud’3.025
4. Identification of the taxpayer 3.030
5. Group request 3.031
6. Bulk requests (requests based on a list) 3.038
B. Personal Scope 3.042
C. Taxes Covered 3.043
III. COMPETENCE AND SECRECY RULE 3.044
IV. FORMS OF EXCHANGE OF INFORMATION 3.059
A. Upon Request 3.060
B. Spontaneous 3.061
C. Automatic 3.062
D. Tax Examination Abroad 3.064
E. Simultaneous Examination 3.066
vi
EXTENDED CONTENTS
F. Joint Audits 3.067

G. Industry-wide Exchange of Information 3.068
V. LIMITS TO THE EXCHANGE OF INFORMATION 3.069
A. In General 3.069
B. Principle of Good Faith 3.071
C. Principle of Subsidiarity 3.076
D. Principle of Specialty 3.078
E. Domestic Limits and Principle of Reciprocity 3.081
F. Trade or Business Secret 3.088
G. Public Policy 3.092
H. The Derogation of Article 26 para 5 of the OECD Model 3.094
1. Introduction 3.094
2. Banks and financial institutions 3.098
3. Nominee, agent or fiduciary 3.100
4. Ownership interest 3.103
4 A PRACTICAL EXAMPLE: ADMINISTRATIVE ASSISTANCE AND

EXCHANGE OF INFORMATION BETWEEN THE UNITED STATES AND
SWITZERLAND
I. INTRODUCTION 4.01
II. THE LEGAL FRAMEWORK 4.05
A. The Switzerland–United States Income Tax Convention of 1951 4.05
B. The Switzerland–United States Income Tax Convention (1996) 4.07
1. General principles 4.07
C. The Switzerland/United States Protocol of 2009 4.15
III. THE DEVELOPMENTS 4.17
A. The UBS Saga 4.17
1. The decision of the Federal Administrative Court (FAC) of 5 March 2009 4.17
2. The UBS agreement 4.22
B. Other Ongoing Procedures against Swiss Banks 4.27
C. The DoJ Programme of 2013 4.30
D. Conclusions 4.31
5 ASSISTANCE IN THE COLLECTION OF TAXES UNDER DTC

II. SCOPE 5.07
III. ASSISTANCE PROCESS 5.11
A. Collection of Taxes 5.12
B. Measures of Conservancy 5.16
C. Disputes and Procedural Rules (Time Limits, Priority) 5.18
IV. LIMITS 5.22
6 TAX INFORMATION EXCHANGE AGREEMENTS (TIEAS)

II. THE OECD MODEL TIEA 6.10
B. Scope of Application 6.14
C. Forms of Assistance 6.17
1. Exchange of information upon request 6.17
2. Spontaneous and automatic exchange 6.24
3. Tax examinations abroad 6.26
D. Secrecy Clause 6.28
E. Limits 6.30
1. Legislation of the applicant State 6.30
vii
EXTENDED CONTENTS
2. Trade, business or professional secret (excluding bank secrecy) 6.31

3. Client–attorney privilege 6.32
4. Public order 6.33
5. Enforcement of tax claim 6.34
6. Discrimination 6.35
F. Abolition of the Dual Criminality Principle 6.36
G. Protection of the Taxpayer 6.40
7 THE OECD CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN

TAX MATTERS (CMAAT)
II. SCOPE 7.04
III.SECRECY RULE 7.07
IV. FORMS OF ASSISTANCE 7.11
A. Exchange of Information 7.12
B. Assistance in Recovery and Measures of Conservancy 7.16
C. Service of Documents 7.21
V. LIMITS 7.23
A. Principle of Subsidiarity 7.23
B. Other Limits 7.24
VI. RIGHTS OF THE TAXPAYER 7.28
VII. IMPLEMENTATION OF THE CONVENTION: THE COORDINATING BODY 7.31
VIII. RELATIONS WITH OTHER INSTRUMENTS 7.34
IX. SIGNATURE, ENTRY INTO FORCE AND RESERVATIONS 7.36
A. Signature 7.36
B. Entry into Force 7.37
C. Reservations 7.40
8 THE EU DIRECTIVES
I. GENERAL INTRODUCTION 8.001
II. THE MUTUAL ASSISTANCE DIRECTIVE 8.004
III. THE SAVINGS DIRECTIVE 8.006
A. Introduction: Historical Developments 8.006
B. Main Content and Functioning of the Directive 8.017
1. Essential features 8.017
2. Beneficial owner 8.019
3. Paying agent 8.023
4. Interest payment 8.027
C. Automatic Exchange of Information 8.030
D. The Transitional Withholding Tax Mechanism 8.035
1. The system 8.035
2. End of the transitional period 8.039
E. Agreements with Third Countries 8.041
1. In general 8.041
F. A Concrete Example: The EU–Swiss Agreement on the Taxation of Savings 8.045
1. Background 8.045
2. Main features of the Savings Agreement 8.048
3. The retention of interest 8.053
i) Interest 8.057
ii) Paying agent 8.063
iii) Interest paid to a resident of an EU Member State 8.065
iv) The individual is the beneficial owner 8.067
4. Basis of retention 8.075
5. Elimination of double taxation and revenue sharing 8.076
6. Exchange of information 8.078
viii
EXTENDED CONTENTS
i) Overview 8.078
ii) Tax fraud and the like 8.082
7. Extension of rules comparable to the EU Parent Subsidiary and EU Interest
and Royalty Directives 8.085
G. Assessment and Repeal of the Directive 8.094
IV. THE DIRECTIVE ON ADMINISTRATIVE COOPERATION IN THE FIELD OF TAXATION 8.099
A. The Directive on Administrative Cooperation (DAC) of 2011 8.099
2. Scope 8.103
3. Organization 8.107
4. Forms of administrative assistance 8.108
5. Exchange of information upon request 8.110
6. Spontaneous exchange of information 8.115
7. Automatic exchange of information 8.119
8. Other forms of assistance 8.126
9. Secrecy clause 8.133
10. Limits 8.135
11. Legal protection of taxpayers 8.140
12. Most favoured nation clause 8.141
13. Coordination 8.143
B. The Introduction of Automatic Exchange of Information on Financial Accounts in
the DAC (DAC 2) 8.147
2. Main content 8.148
C. Automatic Exchange of Tax Rulings under the DAC (DAC 3) 8.149
D. Automatic Exchange of Country-by-Country Reports in the DAC (so-called DAC 4) 8.150
E. Access by Tax Authorities to Beneficial Ownership Information (so-called DAC 5) 8.151
F. Automatic Exchange of Information on Reportable Cross-border Arrangements
(so-called DAC 6) 8.152
G. Reporting Obligations on Platform Operators (DAC 7) 8.153
V. THE DIRECTIVE ON PUBLIC COUNTRY-BY-COUNTRY REPORTING 8.154
VI. THE DIRECTIVE CONCERNING MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS 8.155
B. Scope 8.160
C. Organization 8.164
D. Forms of Assistance 8.165
1. Exchange of information 8.166
2. Assistance for the notification of documents 8.169
3. Assistance for recovery 8.171
i) The request 8.171
ii) The execution of the request 8.172
4. Precautionary measures 8.173
E. Disputes 8.175
F. Limits 8.178
G. Secrecy Rules 8.182
H. Coordination 8.183
VII. ADMINISTRATIVE COOPERATION IN THE FIELD OF INDIRECT TAXES 8.184
B. Intra-Community Trade Statistical Information System 8.186
C. Regulation on the Administrative Cooperation and Combating Fraud in the Field
of VAT 8.188
1. Historical developments 8.188
2. Scope 8.196
i) Purpose 8.196
ii) Competent authorities 8.198
3. Forms of assistance 8.201
ix
EXTENDED CONTENTS
i) Exchange of information on request 8.201

ii)Exchange of information without prior request (automatic and
spontaneous exchange of information) 8.203
iii) Feedback 8.209
iv) Storage 8.210
v) Request for administrative notification 8.211
vi) Presence in administrative offices 8.212
vii) Simultaneous controls 8.213
viii) Information to taxable persons 8.214
ix) Eurofisc 8.215
4. Special rules 8.216
i) Special schemes for electronically supplied services 8.216
ii) Exchange and conservation of information pertaining to VAT refunds 8.221
iii) Relation with the Commission and third States 8.223
5. Conditions governing the exchange of information 8.225
i) Form 8.226
ii) Limits 8.227
iii) Secrecy rules 8.231
6. Coordination 8.237
D. Administrative Cooperation on Excise Duties 8.239
9 THE SO-CALLED SWISS ‘RUBIK’ AGREEMENTS

II. REGULARIZATION OF THE PAST 9.06
A. Conditions 9.06
B. Consequences 9.09
III. WITHHOLDING TAX ON INCOME AND FUTURE GAINS 9.16
IV. ACCOMPANYING MEASURES 9.21
V. CONCESSIONS TO SWITZERLAND 9.24
VI. ASSESSMENT 9.27
10 THE FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA)

II. FATCA RULES 10.05
A. In General 10.05
2. Withholdable payments to foreign financial institutions (FFIs) 10.06
3. Withholdable payments to other foreign entities 10.14
4. Comments 10.19
III. INTERGOVERNMENTAL AGREEMENTS (IGA) 10.26
B. Model 1 IGA 10.31
C. Model 2 IGA 10.34
1. In general 10.34
2. The United States IGA with Switzerland 10.36
D. Other FATCA Models 10.40
IV. ISSUES 10.41
A. A Major Development 10.41
B. Reciprocity 10.43
C. FATCA as a New Standard 10.50
11 TOWARDS AUTOMATIC EXCHANGE OF INFORMATION

I. HISTORICAL PERSPECTIVE 11.01
II. FORMS OF AUTOMATIC EXCHANGE OF INFORMATION (AEOI) 11.08
A. Legal Basis 11.08
x
EXTENDED CONTENTS
B. Main Features and Functioning of the Various Models 11.14

2. The EU system 11.16
3. The FATCA system 11.29
4. The OECD system 11.31
5. The Swiss anonymous withholding alternative approach 11.34
C. Comparison of Automatic Exchange vs Withholding Models 11.38
1. Commonalities 11.38
2. Differences 11.42
3. Overall assessment 11.46
D. The Impact of Anti-Money Laundering (AML) Legislation 11.50
2. Identification of the beneficial owner 11.51
3. Tax crime as a predicate offence of AML 11.60
12 AUTOMATIC EXCHANGE OF INFORMATION (AEOI): THE OECD

COMMON REPORTING STANDARD
II. MAIN FEATURES 12.07
A. General Principles 12.07
B. The Success Factors of the Model 12.08
1. Common standard 12.09
2. Legal and operational basis 12.11
3. Common or compatible technical solutions 12.14
III. THE STANDARD ON AUTOMATIC EXCHANGE OF FINANCIAL INFORMATION 12.15
A. In General 12.15
B. The Common Reporting Standard 12.18
1. In general 12.18
2. General reporting requirements 12.23
3. General due diligence requirements 12.26
4. Due diligence for individual accounts 12.29
i) Pre-existing accounts 12.29
ii) New accounts 12.39
5. Entities 12.40
i) Pre-existing accounts 12.40
ii) New accounts 12.44
6. Mandatory disclosure rules for CRS avoidance 12.45
C. The Model Competent Authority Agreement (Model CAA) 12.50
2. Automatic exchange of information 12.54
3. Collaboration on compliance and enforcement 12.60
4. Confidentiality and data safeguards 12.63
5. Consultation, amendments and term of the agreement 12.68
13 SOLVING THE PAST

II. THE SWISS ‘RUBIK’ AGREEMENTS 13.04
III. THE LIECHTENSTEIN DISCLOSURE FACILITY (LDF) 13.07
IV. THE UNITED STATES DOJ PROGRAMME FOR SWISS BANKS INVOLVED IN TAX EVASION
WITH US TAXPAYERS 13.09
14 THE IMPACT OF THE OECD BASE EROSION AND PROFIT SHIFTING

(BEPS) PROGRAMME
xi
EXTENDED CONTENTS
II. COUNTRY-BY-COUNTRY REPORTING 14.003

A. In General 14.003
B. Implementation 14.008
C. CbC Reporting in the EU 14.015
III. INTERNATIONAL EXCHANGE OF INFORMATION ON RULINGS 14.017
B. Rulings in General 14.019
C. BEPS (Action 5) Compulsory Spontaneous Exchange of Information on Rulings 14.023
1. Rulings in the scope 14.023
2. Jurisdictions receiving the information 14.027
3. Information subject to exchange 14.029
4. Implementation of the framework 14.030
i) Legal basis 14.030
ii) Timeline 14.031
iii) Methods of exchange 14.033
iv) Reciprocity 14.034
5. Confidentiality of the information exchanged 14.035
6. Best practices 14.037
D. Automatic Exchange of Information on Rulings in the EU 14.038
2. Automatic exchange 14.041
i) Scope and conditions of mandatory automatic exchange 14.041
ii) Information to be exchanged 14.045
iii) Confidentiality 14.048
E. Differences between the EU Model and OECD Action 5 Model of Exchange of
Information on Rulings 14.049
IV. EXCHANGE OF INFORMATION AS A FOLLOW-UP OF MANDATORY DISCLOSURE RULES 14.053
B. Mandatory Disclosure Rules under BEPS 14.055
C. Model Mandatory Disclosure Rules for CRS Avoidance Arrangements and Opaque
Offshore Structures (MMDR) 14.058
1. In general 14.058
2. Rule 14.062
3. CRS avoidance arrangement 14.063
4. Opaque offshore structure 14.066
5. Intermediaries 14.068
D. Mandatory Disclosure of ATP Arrangement under the EU DAC 6 14.070
2. Rule 14.072
3. Material scope of the rule 14.074
4. Persons subject to reporting (notably intermediaries) 14.076
i) Intermediaries 14.076
ii) Secondary reporting: the relevant taxpayer 14.081
iii) Legal professional privilege (LPP) 14.085
5. Reportable cross-border arrangements 14.087
i) General conditions 14.087
ii) The Main Benefit Test (MBT) 14.091
iii) Generic hallmarks linked to the MBT 14.092
iv) Specific hallmarks linked to the MBT 14.095
v) Specific hallmarks related to cross-border transactions 14.098
vi) Specific hallmarks concerning automatic exchange of information and
beneficial ownership 14.101
vii) Specific hallmark concerning transfer pricing 14.104
6. Automatic exchange 14.105
7. Penalties 14.107
8. Impact 14.108
V. CONCLUSION 14.110
xii
EXTENDED CONTENTS
15 EXCHANGE OF INFORMATION ON DIGITAL PLATFORMS

II. THE OECD MODEL REPORTING RULES ON ONLINE PLATFORMS 15.02
III. EXCHANGE OF INFORMATION COLLECTED BY PLATFORMS WITHIN THE EU (DAC 7) 15.04
A. In General 15.04
B. Definitions 15.07
1. Reporting platform operators 15.07
2. Reportable sellers 15.11
C. DUE DILIGENCE RULES15.13
D. REPORTING OBLIGATIONS15.15
E. AUTOMATIC EXCHANGE OF INFORMATION15.19
F. DATA PROTECTION15.21
G. IMPLEMENTATION 15.23
16 EXCHANGE OF INFORMATION ON CRYPTO-ASSETS AND

CRYPTO-CURRENCIES
II. LEGAL AND TAX CHALLENGES 16.03
III.RULES AGAINST MONEY LAUNDERING 16.07
IV. CURRENT TAX SITUATION 16.11
V. OECD PROPOSALS TO DEVELOP A CRYPTO-ASSET FRAMEWORK (CARF) AND AMEND
THE CRS 16.15
VI. TOWARDS CHANGES TO THE RULES OF EXCHANGE OF INFORMATION IN THE EU
(DAC 8) 16.20
17 LEGAL PROTECTION OF THE TAXPAYER

II. RIGHTS OF THE TAXPAYERS IN GENERAL 17.006
III. PROTECTION OF THE TAXPAYER UNDER INTERNATIONAL TAX TREATIES 17.011
A. In General 17.011
B. Principle of Subsidiarity 17.016
C. Foreseeable Relevance 17.018
D. Secrecy Rules 17.021
1. The OECD Model DTC 17.021
2. TIEA 17.030
3. CoE/OECD Multilateral Convention 17.031
4. IGAs 17.033
5. Model CAA following the OECD standard of AEOI 17.037
6. Comments 17.039
E. Limits to the Exchange 17.043
2. Principle of reciprocity 17.044
3. Protection of trade, business or professional secrets 17.045
4. Protection of good faith 17.047
5. Principle of specialty 17.048
6. Public policy and use of stolen data 17.049
F. Procedural Rights 17.052
IV. EUROPEAN COURT OF HUMAN RIGHTS (ECTHR) 17.053
V. TAXPAYER PROTECTION RULES AT THE EU LEVEL 17.067
A. Data Protection Rules 17.067
B. EU Directives on Exchange of Information 17.080
1. Secrecy and data protection 17.080
2. Procedural rights, notably right to be informed 17.083
3. Right to an effective remedy 17.094
VI. CONSTITUTIONAL RULES 17.107
xiii
EXTENDED CONTENTS
VII. IMPLEMENTATION OF THE LEGAL PROTECTION OF THE TAXPAYER 17.109

A. Substantive and Procedural Rights 17.109
B. Taxpayer Protection in the Exchange of Information Process 17.111
1. The exchange of information process as an independent administrative
procedure17.111
2. Substantive rights 17.121
3. Procedural rights 17.123
i) In general 17.123
ii) Right to be informed of the information exchange 17.126
iii) Right to participate in the investigations in the requested State 17.135
iv) Right to challenge the assessment decision in the requesting State 17.139
v) Right to an effective remedy 17.142
vi) Rules of conduct of States in the exchange of information process 17.143
C. Taxpayer Protection in the Context of Automatic Information Exchange 17.146
D. Towards International Protection of Taxpayers? 17.151
18 CONCLUSION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

MATTERS
General bibliography350
Index365
xiv
ABBREVIATIONS
AEOI Automatic Exchange of Information

AML Anti-Money Laundering
Archives Archives de droit fiscal suisse (ASA) (periodical)
ATF ‘Arrêt du Tribunal Fédéral’
BEPS Base Erosion and Profit Shifting
CAA Competent Authority Agreement
CARF Crypto-Asset Reporting Framework
CDFI Cahiers de Droit Fiscal International
CMAAT CoE/OECD Multilateral Convention on Administrative Assistance
in Tax Matters
CoE Council of Europe
CRS Common Reporting Standard
DAC EU Directive on Administrative Assistance
DoJ United States Department of Justice
DPD Data Protection Directive
DTC Double Taxation Convention
DTT Double Taxation Treaty
EATLP European Association of Tax Law Professors
ECHR European Convention on Human Rights
ECtHR European Court of Human Rights
ECJ European Court of Justice
ECOFIN Economic and Financial Affairs Council
EID Exchange of Information Directive
EOI Exchange of Information
ET European Taxation (periodical)
EUDAC EU Directive on Administrative Assistance
EUSD EU Savings Directive
FAC Federal Administrative Court
FATCA Foreign Account Tax Compliance Act
FATF Financial Action Task Force
xv
ABBREVIATIONS
FFI Foreign Financial Institution

FIU Financial Intelligence Unit
FStR IFF Forum für Steuerrecht (periodical)
FTA Federal Tax Administration
GDPR General Data Protection Regulation (EU)
GIIN Global Intermediary Identification Number
Global Global Forum on Transparency and Exchange of Information for Tax
Forum Purposes
G5 Group of Five
G8 Group of Eight
G20 Group of Twenty
IAAT Swiss Federal Law on Administrative Assistance in Tax Matters
IBFD International Bureau of Fiscal Documentation
IFA International Fiscal Association
IGA Intergovernmental Agreement
IMAC Swiss Federal Law on Administrative Assistance in Criminal Matters
Intertax International Taxation (periodical)
IRC International Revenue Code (USA)
IRS Internal Revenue Service (USA)
KYC Know Your Customer
LDF Liechtenstein Disclosure Facility
LoN League of Nations
MCAA Multilateral Competent Authority Agreement
MFN Most Favoured Nation
MMDR Model Mandatory Disclosure Rules
MoU Memorandum of Understanding
NFE Non-Financial Entity
NFFE Non-Financial Foreign Entity
NFT Non-Fungible Token
OECD Organisation for Economic Co-operation and Development
OECD OECD Model Double Taxation Convention on Income and on
Model Capital
OJ Official Journal of the EU
QI Qualified Intermediary
TFEU Treaty on the Functioning of the EU
TIEA Tax Information Exchange Agreement
xvi
ABBREVIATIONS
TIEA Model Agreement on Exchange of Information in Tax Matters

Model
TIN Taxpayer Identification Number
TNI Tax Notes International (periodical)
UCI Undertakings for Collective Investment
UCITS Undertakings for Collective Investment in Transferable Securities
xvii
TABLE OF CASES
INTERNATIONAL
European Court of Human Rights
Engel and Others v the Netherlands, Nos 5100/71; 5101/71; 5102/71; 5354/72;
5370/72, 8 June 197617.064
Ferrazzini v Italy, No. 44759/98, ECHR 2001 VII, 12 July 200117.063,
17.125
F.S. v Germany, No. 30128/96, 27 November 199617.059
G.S.B v Suisse, No. 28601/11, 22 December 2015 4.26, 17.060, 17.147
J.B. v Switzerland, No. 31827/96, 3 May 200117.064
L.B. v Hungary, No. 36345/1612, January 202117.061
Michaud v France, No. 12323/11, 6 December 201217.058
N.K.M. v Hungary, No. 66529/11, 14 May 2013 17.055, 17.056
Ravon and Others v France, No. 1849/03, 21 February 200817.064
Satakunnan Markkinapörssi Oy and Satamedia Oy v Finland, No. 931/13, 27
June 201717.061
European Court of Justice
Berlioz Investment Fund SA (C-682/15), ECLI:EU:C:2017:373, 16 May 2017

17.094, 17.095, 17.104, 17.127, 17.136, 17.142, 17.151, 18.21
Commission v Portugal (Case C-493/09), 6 October 20118.157
État Luxembourgeois (C-245/19 and C-246/19), Judgement of the EUCJ, of 6
October 2020 17.096, 17.097, 17.099, 17.100, 17.101, 17.102, 17.103, 17.104,
17.105, 17.117, 17.127, 17.136, 17.151, 18.21
Google Spain SL, Google Inc (Case C-131/12), ECLI:EU:C:2014:317, 13 May
201417.072
Haribo and Österreichische Salinen (Cases C-436/08 and C-437/08), ECR
I-305, 10 February 20118.005
Jyske Bank Gibraltar Ltd (Case C-212/11), 25 April 201311.53
xviii
TABLE OF CASES
Milan Kyrian (Case C-233/08), ECR-I-00177, 14 January 20108.176

Optigen and Others (Cases C-354/03, C-355/03 and C-484/03), ECR I-0483,
Judgment of 12 January 20068.190
Persche (Case C-318/07), ECR I-359, 27 January 20098.005
Sabou (C-276/12), ECLI:EU:C:2013:678, 22 October 201317.083–17.092,
17.095, 17.104, 17.112, 17.117, 17.127, 17.136, 17.139, 17.151, 18.21–18.23
Schrems v Data Protection Commissioner (C-362/14), ECLI:EU:C:2015:650, 6
October 201517.148
Smaranda Bara (Case C-201/14), ECLI:EU:C:2015:638, 1 October 2015
17.072
W.N. v Staatssecretaris fan Financien (Case C-420/98), ECR I-2847, 13 April
20008.116
NATIONAL
Germany
Court of Cologne Judgment of 20 August 2008, 2V 1948/08, EFG 20081764

3.050
Switzerland
FAC, 6 January 2014, A-5390/20134.29

FAC, 13 March 2013, A-6011/20124.28
FAC, 5 April 2012, A-737/20124.28
FAC, 12 December 2011, A-2866/20114.25
FAC, 23 March 2011, A-6903/2010 3.105, 4.25
FAC, 15 July 2010, A-4013/20104.24
FAC, 21 January 2010, A-7789/20094.23
FAC, 5 January 2010, B-1092/20094.21
FAC Decision of 5 March 2009, A-7342/2008 and A-7426/2008, (UBS I)
2.24, 3.033, 3.035, 4.09, 4.18–4.20
SC, 18 December 2017, 2C_640/2016 3.020, 4.14, 13.20
SC, 1 September 2017, 2C_643/20163.024
SC, 26 July 2017, 4A_73/2017 13.19, 17.121
SC, 17 March 2017, 2C_1000/2015, ATF 143 II 2243.073
SC, 16 February 2017, 2C_893/2015, ATF 143 II 2023.073
SC, 8 December 2016, 2C_904/20153.020
SC, 22 September 2016, 4A_83/2016 13.19, 17.121
SC, 12 September 2016, 2C_276/2016, ATF 143 II 1363.036
xix
TABLE OF CASES
SC, 15 March 2016, 2C_690/20153.018

SC, 1 March 2016, 2C_594/20153.018
SC, 24 September 2015, 2C_1174/2014, ATF 142 II 161 3.018, 3.099
SC, 5 July 2013, 2C_269/20134.28
SC, 15 July 2011, ATF 137 II 4314.21
SC, 10 August 2006, 2A.608/20054.09
SC, 12 April 2006, 2A.430/2005 3.020, 4.09
SC, 27 January 2004, RDAF 2004 II 4.09, 4.13
SC, 12 April 2002, RDAF 2002 II4.09
SC, 12 April 2002, 2A.551/20014.11
SC, 6 February 2002, 2A.250/20014.11
SC, 4 April 1989, ATF 125 II 2508.082
SC, 22 June 1984, ATF 110 Ib 2468.082
SC, 16 May 1975, ATF 101 Ib 1604.06
SC, 23 December 1970, ATF 96 I 7374.06
United States
Aloe Vera, District Court for the District of Arizona, 11 February 20153.055
Florida Bankers Association et al. v United States Department of Treasury et al.,
District Court of Columbia, Civil Action n. 13.52910.47
xx
TABLE OF LEGISLATION
INTERNATIONAL TREATIES Article 47 17.094, 17.096,

17.098–17.101, 17.104–17.105,
Agreement between Germany and 17.117, 17.127, 17.136, 17.142
Switzerland on the future tax treatment Article 5217.098–17.099
of capital investment income and the CoE/OECD Multilateral Convention on
treatment of previously undeclared funds Mutual Administrative Assistance in
(21 September 2011)9.03 Tax Matters (CMAAT) 1998 amended
Agreement between Switzerland and by the Protocol of 20101.11,
the Austrian Republic on the future 2.06, 2.21, 2.32, 5.04, 5.05, 6.05,
tax treatment of capital investment 6.12, 7.01–7.44, 8.144, 8.158, 8.183,
income and the treatment of previously 10.28, 10.45, 11.02, 11.11, 11.32,
undeclared funds (13 April 2012)9.03, 12.04, 12.12, 12.13, 12.16–12.17,
9.13, 9.26, 11.35, 11.49 12.50, 12.64, 14.013, 14.056, 16.18,
Agreement between the Swiss Confederation 17.016, 17.032, 17.037, 17.118,
and the United Kingdom of Great Britain
17.121, 17.124, 18.02, 18.11, 18.12
and Northern Ireland on cooperation in
Article 17.04–7.06
the area of taxation (6 October 2011)
para 27.04
9.03, 9.11, 9.13, 9.22, 9.23, 9.26,
para 37.05
11.35, 11.49
Agreement between the Swiss Confederation para 47.06
and the United States of America Article 27.06
regarding information requests from the para 17.06
Internal Revenue Services of the United Article 317.052
States of America relating to the UBS, Article 4 7.12, 7.14
19 August 20094.22–4.24 para 17.13
Protocol, 2009 3.033, 4.15–4.16, 4.32, Article 5 7.13, 17.052
13.16 Article 6 6.25, 7.13, 7.15, 11.11,
Belgium and France Taxation Treaty 1843 14.008
2.01 Article 7 6.25, 7.13, 14.030, 17.052
Belgium and the Netherlands Taxation Treaty Article 87.13
18452.01 Article 97.13
Charter of Fundamental Rights of the EU Article 11
8.248, 17.007, 17.067 para 17.16
Article 7 14.086, 17.068, 17.098, para 2 7.16, 7.18
17.099 Article 127.19
Article 8 17.067–17.068, 17.099 Article 137.18
Article 1617.105 para 17.18
Article 1717.105 Article 147.26
para 37.20
xxi

Article 177.21 Article 2
para 27.21 para 38.054
Article 21 7.24, 14.048 Article 3
para 17.25 para 18.075
Article 22 7.07–7.10, 14.036 para 38.075
para 2 7.07–7.09, 17.031 Article 48.068
para 4 7.09–7.10, 17.032 para 18.068
para 37.03 Article 5 8.070, 8.071
Annex A7.06 Article 6 8.063, 8.068
Convention between Spain and the Swiss Article 7
Confederation for the Avoidance of para 1 8.057, 8.058, 8.059, 8.060,
Double Taxation with Respect to Taxes 8.062
on Income and Capital [unofficial para 58.058
translation] (as amended through 2006),
Article 88.077
26 April 19663.028
Article 98.076
Protocol, 29 June 20063.028
Article 10
Article IV(11)(a)3.028
para 1 8.078, 8.081
Data Protection Convention
Article 148.076
Article 217.061
Article 15
Draft Convention on Administrative
Assistance in Matters of Taxation 1927 para 1 8.086–8.087, 8.090
3.004, 5.04 para 28.091–8.093
European Convention on Human Rights Article 168.062
17.005 French–Swiss treaty
Protocol 1, Article 117.054 Article 283.039
Article 6 14.108, 17.007, 17.063, para 23.040
Germany/Switzerland Income and Capital
17.064–17.066, 17.125, 17.128,
Tax Treaty, Protocol 20033.025
17.152, 18.22
Liechtenstein–United Kingdom agreement
para 117.066
on cooperation in tax matters, 11 August
Article 8 4.26, 17.059–17.061, 17.067, 2009 (Liechenstein Disclosure Facility;
17.147 LDF) 13.03, 13.07–13.08
para 117.057 London Model of Double Taxation
para 2 17.057, 17.059 Convention 1946 2.03, 3.005, 11.01
Article 1017.061 Mexico Model of Double Taxation
Article 1317.152 Convention 1943 2.03, 3.005, 11.01
European Convention on Mutual Assistance Model 1 IGA, 26 July 20122.28,
in Criminal Matters of 20 April 1999 10.28–10.29, 10.31–10.33, 10.34,
Article 26.36 10.39, 10.40, 10.43, 10.46, 11.04,
Article 46.39 11.13, 17.033, 18.03, 18.15
The EU–Swiss Agreement on the Taxation of
Model IB IGA 17.033, 17.035–17.036
Savings July 2005 8.045–8.093, 9.18
Article 3 para 717.033
Article 1
Article 9
para 18.053
para 117.035
para 28.062
para 217.036
para 38.062
xxii
Model 2 IGA, 14 November 201210.29, s. 6.112.68

10.34–10.39, 10.40, 17.033, 18.03 s. 6.212.69
OECD Base Erosion and Profit Shifting s. 712.67
(BEPS) Programme1.07, s. 7.212.70
1.11, 2.36–2.38, 8.003, 8.149, 8.152, s. 7.312.71
14.001–14.110 OECD Draft Model Double Taxation
Action 11.08 Convention 1963 1.05, 2.04, 3.047,
Action 5 1.07, 12.45, 14.018–14.022, 11.02, 17.022, 17.039
14.023–14.026, 14.027–14.029, Article 26 2.04, 3.006–3.007, 11.02
14.031–14.037 Article 275.04
Actions 8–1014.104 OECD Model Double Taxation Convention
Action 12 1.07, 2.36, 2.38, 8.152, 1996 (DTC) 4.16, 4.24
14.001–14.002, 14.003, 14.053, Article 264.09, 4.11, 4.14, 4.25, 8.083,
14.055–14.057, 14.061, 14.071, 10.37
14.074, 14.088, 14.110 OECD Model Double Taxation Convention
Action 13 1.07, 8.150, 2005 (DTC)2.10, 3.006, 3.045, 6.05,
14.003–14.007, 14.010, 14.011, 7.27, 8.101
14.012, 14.013, 14.015, 14.016 Article 26 2.10, 3.017, 3.026, 6.05
OECD Common Reporting Standard (CRS), OECD Model Double Taxation Convention
July 2014 1.07, 6.25, 8.003, 8.147, 2009 (DTC) 1.06, 2.16, 11.64,
10.53, 11.09, 11.33, 11.59, 12.02, 17.021–17.029, 17.040
12.15, 12.17, 12.18–12.45, 12.60 Recital 57.28
s. I12.23–12.25 Article 1 3.015, 3.042
s. II 12.22, 12.26–12.28 Article 23.043
s. III 12.22, 12.26, 12.29–12.33, para 17.43
12.36, 12.38 para 33.019
s. IV 12.22, 12.26, 12.39 Article 3
s. V 12.22, 12.23, 12.26, 12.40–12.43 para 23.090
s. VI 12.22, 12.23, 12.26 Article 43.042
s. VII 12.22, 12.23, 12.26 para 37.30
s. VIII 12.29, 12.43 Article 5a17.106
s. IX12.60 Article 10 para 28.069
OECD Competent Authority Agreement Article 11
(Model CAA) 12.02, 12.15, para 28.069
12.50–12.71 para 38.028
s. 112.53 Article 12 para 18.069
s. 2 12.54–12.55, 12.57 Article 17
s. 2.2 12.54–12.55, 12.58 para 37.43
s. 3.1, 3.212.56 Article 21
s. 3.312.57 para 1 7.27, 7.30
s. 3.412.58 para 47.27
s. 3.5, 3.612.59 Article 24
s. 412.60–12.61 para 37.31–7.32
s. 5.112.65 para 47.32
s. 5.212.67 para 57.33
xxiii
Article 26 2.16, 3.002, 3.029, OECD Model Double Taxation Convention
3.034, 3.037, 3.041, 3.043, 2017 (DTC)
3.063, 3.067, 3.076–3.078, Article 22
3.093, 3.096, 4.05, 5.07, 5.10, para 914.091
6.02, 6.05, 6.06, 6.09, 6.29, OECD Model Protocol for the purpose
8.111, 8.114, 8.144, 8.166, of Allowing the Automatic and
9.01, 11.02, 11.09, 11.32, Spontaneous Exchange of Information
11.39, 12.11, 13.16, 13.20, under a TIEA 2015 6.24, 7.03
17.001, 17.012, 17.027, 17.031, OECD Model Tax Information Exchange
17.050–17.051, 17.106, 17.141 Agreement 2002 (TIEA Model)2.09,
para 13.013, 2.10, 3.007–3.008, 3.086, 3.091,
3.015–3.016, 3.022, 3.032, 3.095, 3.104, 6.03–6.07, 6.10–6.41,
3.043, 3.059, 3.062, 3.069, 8.039, 8.101, 11.10, 17.016, 17.030,
7.12, 8.103, 8.136, 17.018 17.039, 17.044, 17.046
para 23.045–3.046, Article 1 6.14, 6.17, 6.40
3.048, 3.053–3.054, 3.069, Article 26.16
3.078–3.079, 3.088, 6.23, Article 36.15
8.134, 11.64, 14.036, Article 4
14.043, 17.021–17.022, para 16.11
17.027, 17.048, 17.124, Article 5 3.105, 11.10
17.141 para 16.17
para 3 3.069–3.070, 3.081, para 26.18
3.084–3.085, 3.088, 3.090, para 36.41
3.092–3.094, 3.099, 5.22, para 4 3.101, 6.11, 6.19, 6.20, 6.31
6.23, 8.139, 8.230, 14.048, para 5 3.030, 6.21, 6.22, 8.136
17.015, 17.043–17.045, Article 5A6.25
17.050 Article 5B6.25
para 4 3.056, 17.124 Article 6
para 5 2.21, 3.021, para 16.26
3.069, 3.093, 3.094–3.099, Article 7
7.27, 8.137, 8.230, 17.044 para 1 6.30, 6.41
Article 27 5.05, 5.06, 5.07, 5.09, 5.18, para 26.31
7.34, 8.158, 8.183 para 3 6.11, 6.32, 6.40
para 15.06 para 46.33
para 2 5.07, 5.09, 5.13, 7.35 para 66.35
para 3 5.11, 5.14–5.15 Article 8 6.28, 6.29, 17.021, 17.030,
para 4 5.11, 5.16 17.041
para 55.18–5.19 OECD Tax Information Exchange
para 65.20 Agreement 20091.06
para 75.21 Protocol, Switzerland–United States Income
para 85.22 Tax Treaty4.32
Article 28 Protocol, 31 March 2010 (Protocol 10)4.24,
para 17.37 4.31, 7.36, 7.38, 7.43
para 57.36 Article 28
para 77.43 para 67.39
Article 30 7.40, 7.44 para 77.39
para 1 7.40, 7.43 Protocol to the French/Swiss DTT
para 2 7.40, 7.44 Article IX para 23.040
xxiv
Swiss Rubik Model1.11, Commission Directive 96/46/EC of 16 July

2.23, 2.34, 9.01–9.30, 10.39, 11.05, 1996 amending Directive 91/414/EEC
11.14, 11.34, 11.37, 11.40, 11.49, 8.133
13.03, 13.04–13.06, 13.08, 18.05 Council Directive 76/308/EEC of 15 March
Switzerland–United States Income Tax 1976, OJ L 73 of 19 March 19768.155,
Convention of 1951 4.02, 4.05–4.06, 8.176
4.10 Article 12 para 38.176
Switzerland–United States Income Tax Council Directive 77/799/EEC of 19
Convention of 1996 3.025, 4.02, December 1977 concerning mutual
4.07–4.14, 4.19, 4.31 assistance by the competent authorities
Article 104.08 of the Member States in the field of
Article 25 direct taxation and taxation of insurance
para 64.12 premiums, OJ L 336 of 27 December
1977 2.11, 8.004, 8.099,
Article 263.035, 4.09–4.10, 4.14, 4.15,
4.18, 4.28, 13.20 8.135, 8.189–8.190, 8.240, 17.059,
17.083–17.085, 17.090–17.091
para 1 4.07, 4.11
United States and Switzerland
Council Directive 79/1070/EEC VAT of
Intergovernmental Agreement (IGA) of
6 December 1979 amending Directive
14 February 2013, which entered into
77/799/EEC, OJ L 331/8 of 27
force on 2 June 201410.36–10.39
December 19798.004
Articles 3, 410.36
Council Directive 79/1071/EEC of 6
Article 510.37 December 1979 amending Directive
para 110.37 76/308/EEC, OJ L 331/10 of 27
para 310.38 December 19798.155
Article 7 para 210.38 Council Directive 85/611/EEC of 20
Articles 12, 1310.39 December 1985 on the coordination
UN Vienna Convention on the Law of of laws, regulations and administrative
Treaties adopted on 23 May 1969 provisions relating to undertakings for
3.037, 3.073, 8.049 collective investment in transferable
Article 24 3.071, 17.047, 17.141 securities OJ L 375 of 31 December 1985
Article 2617.051 8.019, 8.059
Article 313.037, 3.071, 17.047, 17.141 Council Directive 88/361/EEC implementing
Article 67 of the EC Treaty, OJ L 178 of
8 July 19888.006–8.007
EU LEGISLATION Article 6 para 58.009
Council Directive 90/435/EEC of 23
Commission Directive 2006/70/EC of 1 July 1990, on the common system of
August 2006 laying down implementing taxation applicable in the case of parent
measures for Directive 2005/60/EC companies and subsidiaries of different
of the European Parliament and of Member States, OJ L 225 of 20 August
the Council as regards the definition 1990 8.050, 8.087
of politically exposed person and Council Directive 91/680/EEC of 16
the technical criteria for simplified December 1991 supplementing the
customer due diligence procedures and common system of value added tax and
for exemption on grounds of a financial amending Directive 77/388/EEC with
activity conducted on an occasional or a view to the abolition of fiscal frontiers,
very limited basis, OJ L 214 of 4 August OJ 1991 L 376 of 31 December 1991
2006 11.52, 11.54 8.184
xxv
Council Directive 92/12/EEC of 25 February para 18.023

1992 on the general arrangements for para 2 8.019, 8.026, 8.027, 8.064
products subject to excise duty and on Article 68.059
the holding, movement and monitoring para 18.027–8.028
of such products, OJ L76 of 23 March
paras 2–68.029
1992 8.004, 8.240 para 78.027
Council Directive 92/77/EEC of 19 October
Article 88.031–8.032
1992 supplementing the common
system of value added tax and amending para 28.032–8.033
Directive 77/388/EEC (approximation Article 911.12
of VAT rates), OJ L 316 of 31 October para 18.031
19928.184 para 28.031
Council Directive 92/111/EEC of 14 para 317.080
December 1992 amending Directive Article 108.018
77/388/EEC and introducing para 18.036
simplification measures with regard para 28.039
to value added tax, OJ L 384 of 30 Article 118.018
December 19928.184 Article 12 8.018, 8.036
Council Directive 95/46/EC of 24 October Article 138.037
1995 on the protection of individuals
Article 14
with regard to the processing of personal
para 18.038
data and on the free movement of such
data (DPD), OJ L 281 of 23 November para 28.038
1995 8.148, 8.247, 17.070–17.073, Article 178.025
17.121 para 2 8.047, 8.065
Article 1117.071 Article 20 para 48.123
Council Directive 2003/49/EC of 3 June
Article 12 17.071, 17.072
2003, on a common system of taxation
applicable to interest and royalty
Article 2517.081 payments made between associated
Council Directive 2001/44/EEC of 15 June companies of different Member States,
2001 amending Directive 76/308/EEC
OJ L 157 of 26 June 2003 8.050,
on mutual assistance, OJ L 175 of 28
8.085, 8.092
June 2001 8.155, 8.176
Council Directive 2003/48/EC of 3 June 2003
Council Directive 2003/93/EC of 7 October
on taxation of savings income in the form
2003 amending Council Directive
of interest payments, OJ L 157/38 of 26
77/799/EEC concerning mutual
June 2003 (EUSD) 2.12, assistance by the competent authorities
8.006–8.098, 8.119, 8.122, 8.147, of the Member States in the field of
9.03, 9.08, 9.27, 9.30, 10.41, direct and indirect taxation, OJ L 264 of
11.03, 11.12, 11.14, 11.17–11.23, 15 October 20038.004
11.25–11.27, 11.40, 11.49, 17.012, Council Directive 2003/123/EC of 22
17.080, 18.04, 18.12 December 2003 amending Directive
Article 18.017 90/435/EEC on the common system of
Article 2 para 18.019 taxation applicable in the case of parent
Article 38.032 companies and subsidiaries of different
para 2 8.020, 8.022 Member States, OJ L 7 of 13 January
para 38.022 20048.087
Article 48.026 Article 3, paras 1, 28.087
xxvi
Council Directive 2006/112/EC on the para 18.181

common system of value added tax, OJ L para 28.181
347 of 11 December 20068.184 Article 128.179
Article 3658.218 para 18.171
Title XII Chapter 68.216 Article 138.179
Council Directive 2008/8/EC of 12 February paras 1, 3, 4, 58.172
2008 amending Directive 2006/112/EC Article 148.179
as regards the place of supply of services,
para 38.177
OJ L 4411of 20 February 20088.219
para 4 8.177, 8.181
Council Directive 2008/55/EC of 26 May
Article 158.179
2008 on mutual assistance for the
recovery of claims relating to certain Article 16 8.173, 8.179
levies, duties, taxes and other measures, para 18.174
OJ L 150 of 10 June 20088.155 para 28.175
Council Directive 2008/9/EC of 12 February paras 2, 38.179
2008 laying down detailed rules for the Article 19 paras 1, 28.179
refund of value added tax, provided for Article 20 para 18.172
in Directive 2006/112/EC, to taxable Article 238.182
persons not established in the Member Article 24 para 18.183
State of refund but established in another Council Directive 2011/16/EU of 15 February
Member State, OJ L 44 of 20 February 2011 on administrative cooperation in
2008 the field of taxation, OJ L 64 of 11 March
Article 58.221 2011 (DAC) 2.22, 8.003, 8.098,
Article 98.222 8.099–8.153, 8.159, 8.162, 8.164,
Article 188.221 8.168, 10.41, 11.03, 11.23–11.28,
Council Directive 2010/24/EU of 16 March 11.55–11.56, 12.04, 14.015, 14.018,
2010 concerning mutual assistance for 14.022, 14.030, 14.039–14.040,
the recovery of claims relating to taxes,
14.052, 14.053, 14.070–14.074,
duties and other measures, OJ L 84/1 of
14.091, 14.108–14.109, 14.110,
31 March 2010 (DRC) 5.04, 7.03,
15.04–15.26, 16.06, 16.10,
8.134, 8.156–8.183
16.20–16.21, 17.012, 17.077,
Article 28.160
17.080–17.082, 17.083, 17.094,
paras 2, 38.161
17.096, 17.098, 17.100, 17.104,
17.106, 17.142, 17.148, 18.04,
Article 48.164
18.08, 18.10, 18.12, 18.14, 18.17
paras 2, 38.164
Preamble17.080
Article 5 8.166, 8.178, 8.179
Recital 614.051
para 38.178
Recital 9 8.103, 14.091
Article 6 8.162, 8.167
Recital 1214.046
Article 7 8.168, 8.179
Recital 1314.049
Article 8 8.169, 8.170, 8.179
Recital 14 14.047, 14.052
para 28.170
Recital 1614.045
Article 98.179
Recital 3317.082
para 18.170
Article 117.098
para 28.170
para 1 8.103, 8.110
Article 10 8.171, 8.179
para 3 8.101, 8.144
Article 118.179
xxvii
Article 1(1)17.103 para 8 14.082, 14.084

paras 1, 2, 38.104 para 1014.083
Article 38.105 para 13 14.073, 14.105
para 98.121 para 1414.073
para 118.162 Article 8ac
para 21 14.076, 14.078 para 115.05
Article 3b para 2 15.06, 15.19
para 1814.089 para 315.20
para 1914.074 para 615.18
para 2014.088 Article 8b
paras 2, 3, 68.107 Article 9 8.131, 14.040, 14.043
Article 5 8.109, 8.110, 8.131, 14.045, para 1 8.116, 8.118, 8.167
17.098 para 28.117
Article 5a17.106 Article 10 para 18.118
para 18.114 Article 118.127
para 38.114 para 28.127
Article 6 Article 12 paras 1, 2, 38.128
para 38.112 Article 12a8.129
Article 8 8.105, 11.12, 14.040 Article 14 paras 1, 28.131
para 1 8.106, 8.125 Article 158.132
para 28.121 Article 16 8.182, 17.081
para 3 8.121, 11.23 para 1 8.133, 8.134, 8.140, 17.081
para 3a8.148 para 28.134
para 58.122 para 38.134
para 68.123 para 417.081
Article 8a para 18.136
para 1 14.041, 14.044 para 28.137
para 2 14.042, 14.044 para 38.138
para 314.043 para 4 8.139, 14.048
para 514.042 para 18.112
para 6 14.045, 14.048 para 2 8.135, 8.137
para 714.046 para 3 8.106, 8.138
para 814.047 Article 19 8.141, 11.28
Article 8aa 8.150, 14.015 Article 208.109
paras 2, 314.105 para 18.109
Article 8ab para 28.111
para 1 14.072, 14.077 para 3 8.109, 8.130
para 5 14.080, 14.085, 14.086, para 48.109
14.106 para 514.046
para 614.106 Article 218.109
para 714.081 Article 24 para 28.134
xxviii
Article 25 8.133, 8.140, 15.21, 17.080 Recital 78.204

para 4 8.148, 15.21 paras 1, 28.196
para 6 15.22, 17.082 para 3 8.197, 8.238
Article 25a14.107 para 48.196
Article 27 Article 38.198
Article 29 8.106, 8.120 para 2 8.199, 8.200
Annex IV18.08 para 38.200
Part I14.091 Article 7
Council Directive 2011/96/EU of 30 paras 1, 2, 58.201
November 2011 on the common system para 48.201
of taxation applicable in the case of Articles 8, 98.202
parent companies and subsidiaries of Article 10 para 18.202
different Member States, OJ L 345 of 29
Article 13
December 2011 8.085, 8.087, 8.088
para 1 8.203, 8.208
Articles 6, 78.089
para 28.205
Council Directive 2016/881 of 25 May 2016,
Article 14 8.206, 8.208
amending Directive 2011/16/EU as
regards mandatory automatic exchange para 18.206
of information in the field of taxation, L para 28.207
146/8 of 3 June 2016 8.150, 14.015 Article 15 8.205, 8.208
Council Directive (EU) 2016/2258 of 6 Article 168.209
December 2016, amending Directive Article 178.210
2011/16/EU as regards access to para 18.210
anti-money-laundering information by Articles 17–248.210
tax authorities, OJ 2016, L 342 of 16 Article 198.210
December 2016 8.151, 11.55 Article 20 para 28.210
Council Regulation 3330/91 of 7 November Article 218.210
1991, OJ 1991 L 316 8.186, 8.187 Article 258.211
Council Regulation 218/92 of 27 January 1992 Article 28 paras 1, 28.212
on administrative cooperation in the field
Article 298.213
of indirect taxation (VAT) 2.11, 8.185,
Article 30 paras 1, 28.213
8.189–8.190
Article 318.214
Council Regulation (EEC) No 1798/2003
Articles 33–378.215
of 7 October 2003 on administrative
cooperation in the field of value added Article 34 para 38.215
tax and repealing Regulation (EEC) No Articles 38–428.216
218/92 8.191–8.192, 8.194, 8.225 Article 39 paras 1, 2, 38.217
Council Regulation 2073/2004/ on Article 40 paras 1, 28.218
administrative cooperation in the field of Article 41 para 18.218
excise duties, OJ L 35948.240–8.243 Articles 43–478.216
Article 23 para 18.242 Article 46 para 38.220
Council Regulation (EU) No 904/2010 Article 488.221
of 7 October 2010 on administrative para 28.222
cooperation and combating fraud in the Article 49 paras 1, 28.223
field of value added tax, OJ L 268 of 12 Article 50 paras 1, 28.224
October 20108.194–8.195, Article 518.226
8.196–8.238 Articles 51–578.225
xxix

paras 2, 3 8.229, 8.230 para 611.54
para 58.230 Article 13 8.151, 11.55
Article 558.215 Article 30 8.151, 11.55, 11.56
para 28.234 Article 40 8.151, 11.55
para 38.232 Directive (EU) 2018/843 of the European
para 48.233 Parliament and of the Council, of 30
Article 568.235 May 2018, amending Directive (EU)
2015/849 on the prevention of the use
Article 578.236
of the financial system for the purpose of
Article 58
money laundering or terrorist financing,
para 2 8.206, 8.226 and amending Directives 2009/138/EC
Article 60 paras 1, 28.237 and 2013/36/EC (Fifth Anti Money
Council Regulation 389/2012 of 2 May 2012, Laundering Directive) 11.57, 16.09
on administrative cooperation in the field Directive (EU) 2018/1673 of the European
of excise duties, OJ L 121 of 8 May 2012 Parliament and of the Council, of 23
8.243–8.248 October 2018, on combating money
Articles 3–78.244 laundering by criminal law (Sixth Anti
Articles 8–108.244 Money Laundering Directive)11.57,
Articles 12–188.244 11.62
Articles 19–228.245 Article 2 para 111.62
Article 258.246 European Convention on Human Rights
para 48.246 (ECHR)17.005
Article 288.247 Article 6 14.108, 17.007,
para 48.247 17.063–17.066, 17.125, 17.128,
Article 328.244 17.152, 18.22
Council Regulation (EU) No 517/2013 of 13 Article 8 17.059–17.060, 17.147
May 20138.243 para 117.057
Directive 2005/60/EC of the European para 2 17.057, 17.059
Parliament and of the Council of 26 Article 1017.061
October 2005 on the prevention of the
Article 1317.152
use of the financial system for the purpose
Regulation 638/2004/EC of the European
of money laundering and terrorist
Parliament and of the Council on
financing, OJ L 309 of 25 November
Community statistics relating to the
2005 11.52, 11.54 trading of goods between Member States
Directive (EU) 2015/849 of the European and repealing Council Regulation (EEC)
Parliament and of the Council of 20 3330/91, OJ L 0102 of 7 April 2004
May 2015 on the prevention of the use of
8.187
the financial system for the purposes of
Regulation 2015/84716.09
money laundering or terrorist financing,
Regulation (EU) 2016/679 of the European
amending Regulation (EU) No 646/2012
Parliament and of the Council of 27
of the European Parliament and of
April 2016 on the protection of natural
the Council, and repealing Directive
persons with regards to the processing of
2005/60/EC of the European Parliament
personal data and on the free movement
and of the Council and Commission
of such data, and repealing Directive
Directive 2006/70/EC, OJ 2015, L
141/73 (AMLD) (Fourth Anti Money 95/46/EC (GDPR), OJ L 119/18.148,
Laundering Directive)11.54–11.57, 17.072, 17.073, 17.078, 17.080,
11.61, 14.103, 16.09 17.121, 17.148, 18.27
xxx
Article 117.074 Federal Data Protection Law of 19 June 1992,

Article 3 para 117.073 RS 235.1
para 217.074 Federal Direct Tax Law
Article 517.075 Article 16 para 38.060
Article 1217.077 Federal Law on Administrative Assistance in
Article 1317.080 Tax Matters (IAAT) 17.051, 17.133
Federal Law on Automatic Exchange of
para 117.080
Information (FLAEI), 1 January 2017
Article 1517.080
17.149
Article 1617.077
Article 19 para,217.149
Article 1817.077
Federal Law on the Taxation of Savings
Article 2317.077
8.052
para 117.080
Articles 16ff8.079
Article 4517.078 Federal Tax Administration (FTA) Directives
para 217.072 on the taxation of savings (as at 1 July
Article 4617.078 2013) (FTA Directive) 8.065, 8.072,
para 217.078 8.073, 8.074
Treaty Establishing the European Community Federal Withholding Tax Law
2002 Article 48.062
Article 678.009
Article 938.001
United States
Article 948.001
Treaty on the Functioning of the European
FACTA IGA Model 2, 1 August 20144.33
Union (TFEU)8.001
Foreign Account Taxpayer Compliance Act
Article 1617.067
(FATCA) 20101.06,
Article 638.009
1.11, 2.20, 2.28, 2.33, 8.142, 8.145,
Article 698.006
9.30, 10.01–10.53, 11.04, 11.07,
Article 10714.038
11.13, 11.14, 11.29–11.30, 11.40,
Article 1138.001
11.59, 12.01, 12.03–12.05, 12.11,
Article 1158.001
12.28, 12.32, 12.43, 12.62, 13.01,
Article 21817.079
13.13, 16.11, 16.14, 17.035, 17.036,
17.077, 18.03, 18.06, 18.12, 18.13
s. 147110.04
NATIONAL s. 1471(a) 10.06, 10.12, 10.20
s. 1471(b) 10.06, 10.07, 10.09
Switzerland s. 1471(c) 10.07, 10.20
s. 1471(d) 10.07, 10.11, 10.22
Constitution s. 1471(e)10.11
Article 13 17.108, 17.142 s. 1471(f)10.12
Article 548.048 s. 1472 10.04, 10.15
Criminal Administrative Law s. 1472(a)10.14
Article 14 para 28.082 s. 1472(b)10.21
Criminal Code
s. 1472(c)10.16
Article 271 10.36, 13.14
s. 1473 10.04, 10.10
s. 1473(1)10.20
xxxi
s. 1473(2)10.07 US Model DTC 2016 3.011–3.012, 5.04

s. 147410.04 Article 26
s. 1475(c)10.11 para 13.011
s. 1475(e)10.11 paras 6–93.012
xxxii
1
INTRODUCTION TO INTERNATIONAL
EXCHANGE OF INFORMATION IN TAX
MATTERS
The power to levy taxes is one of the key features of the Sovereignty of States. 1.01
At the beginning, taxes were levied on a territorial basis, focusing on the place
of situation of the assets or the location of transfers of goods. Later, with the
development of industrial States and the need to finance global infrastructures
and social services, modern States tended to move towards more global systems
of taxation, notably on worldwide income tax. This major development led to
a need to combat double international taxation (with rules such as exemption
or credit methods) and, as a consequence, exchange of information. Indeed,
in order to ensure a fair international level of tax, each State has to be able to
verify the global position of any relevant taxpayer.
Parallel to this development, globalization led to an effort to develop instru- 1.02

ments to combat international tax fraud and evasion. Sophisticated taxpayers,
such as multinational companies, could try to use the international legal
framework, typically double taxation treaties (DTT), in order to ensure double
non-taxation. Other taxpayers, including individuals, were developing schemes
of tax evasion or aggressive tax planning through the use of offshore, hybrid
or complex structures. Transfer of the place of residence to tax-favourable
countries also started to develop.
As a consequence, international organizations and governments entered into 1.03

exchange of information networks around the world with a view to fostering
global transparency.
In fact, the need for international agreement in tax matters is the result of 1.04
a conflict, based on international public law, between the principle of univer-
sality in taxation, on the one hand, and the principle of territoriality for the
implementation of the tax rules, on the other hand.1 Indeed, it is generally
1 Seer/Gabert (2009), p.23.
1
INTERNATIONAL EXCHANGE OF INFORMATION IN TAX MATTERS
recognized that States have the right to tax persons (individual or entities)
globally (universally), so long as there is a personal connection with that State
(universality). By contrast, States are usually locked inside their territory in
order to implement or enforce their tax rules. States therefore need interna-
tional treaties, bilateral or multilateral, to solve this conflict and, in particular,
to obtain information or collection measures to ensure fair and global taxation
of their taxpayers.
1.05 While the trend towards exchange of information in tax matters started a long
time ago, namely during the work of the League of Nations in 1919, it really
developed globally after the publication of the various OECD Models of
double taxation convention, as of 1963, and took another impetus following the
publication, in 1998, of the OECD Report against harmful tax competition.
1.06 Following the financial crisis of 2008, in the ‘big bang’ of 2009, a major accel-
eration of the movement took place. This led to the renegotiation of hundreds
of double taxation conventions based on the OECD Model Double Taxation
Convention (DTC) around the world and the signature of tax exchange of
information agreements (TIEA) with tax haven countries in an unprecedented
way. With the enactment of the Foreign Account Tax Compliance Act
(FATCA) in 2010, the United States was pushing towards a global standard;
it succeeded in designing a system which is now adopted around the world,
notably through the mechanism of the intergovernmental agreements.
1.07 Countries started to exchange information around the world, to a degree never
before seen. In 2013, a further step was taken: global consensus towards the
automatic exchange of information as the new global standard. In 2014, the
Common Reporting Standard (CRS) was published. Participating jurisdic-
tions began to implement the CRS through international legal instruments
(multilateral or bilateral treaties). In 2017 the first automatic exchange of
financial account information following the CRS took place between ‘early
adopters’, and notably EU States. In parallel, in 2013, following a mandate of
the G20, the OECD agreed on a plan against Base Erosion and Profit Shifting
(so-called BEPS Programme), addressing, notably, double non-taxation,
tax avoidance and aggressive tax planning among multinational companies.
The BEPS Programme entails 15 actions, which were published in 2015.
Among those, actions 5, 12 and 13 developed rules designed to implement
a spontaneous exchange of information on rulings, mandatory disclosure
rules and country-by-country reporting, which has further enhanced global
transparency. In order to implement tax treaty rules following from the BEPS
Programme, a Multilateral Instrument has further been developed (so-called
2
INTRODUCTION
MLI). It entered into force on 1 July 2018. The MLI also entails additional
rules for international dispute resolutions in the area of mutual agreement
procedures (MAP) and extended arbitration rules.
Action 1 of the BEPS Programme focuses on the taxation of the digital 1.08
economy. Despite a final report in 2015 and an interim report in 2018,
a global consensus on the taxation of multinational enterprises active in the
digital sector has been difficult to reach. However, in January 2019 the OECD
suggested the so-called two pillars solution. The negotiations continued and it
was agreed that the scope of application of those rules would eventually target
not only the digital economy, but more generally multinational entities of
a certain size of turnover. The OECD Inclusive Framework finally approved
this solution on 1 July and 8 October 2021. Pillar 1 introduced a formula
apportionment method of taxing profits of multinational companies with
a revenue exceeding 20 billion euros (and profitability of 10 per cent), which
offers more taxing rights to the market countries. Pillar 2, by contrast, pro-
vides for a minimum effective profit tax rate of 15 per cent for multinational
entities with a revenue exceeding 750 million euros. Pillar 2 is accompanied by
complex rules of recapture in favour of jurisdictions, applying the minimum
profit tax rate, in order to tax the ‘top-up tax’ of group entities with a taxable
presence in a lower tax country. Both Pillar 1 and Pillar 2 will require extensive
exchange of information rules between participating countries.
This tremendous development towards exchange of information, and more 1.09

generally administrative assistance in tax matters, with its constant and rapid
evolution, of course raises many issues. Different, sometimes conflicting, rules
and models have been developed in parallel by different institutions and gov-
ernments. There is therefore a need for coordination and consultation among
the various actors. In addition, while the focus was on efficiency and on global
acceptance of the rules of the exchange of information, the legal positions of
the persons involved – the taxpayers – have remained of less concern. In fact,
their situation remains mostly a question of domestic law, with all the potential
differences that this may cause.
The purpose of this book is therefore to describe the main developments in 1.10
the area of exchange of information in tax matters, the various existing instru-
ments, their interaction and the positions of the persons involved during the
process.
We will thus start by describing the historical development towards a mech- 1.11
anism of global exchange of information in tax matters. Then, we will focus
3
on an analysis of the main instruments providing for international exchange

of information in tax matters. This includes DTT, TIEAs, the CoE/OECD
Multilateral Convention on Mutual Administrative Assistance in Tax Matters
(CMAAT), European Directives, the Swiss Rubik models and the FATCA
regime. We will move on to the development of a global model of interna-
tional automatic exchange of information. The proper implementation of this
new system has therefore to take into account the complexities of the existing
models, and to try to coordinate them. Moving towards automatic exchange
of information also requires taking a look at potential solutions to past issues.
Furthermore, the new rules of exchange of information introduced by the
BEPS Programme will also be taken into consideration. This includes new
mandatory disclosure rules for intermediaries and, notably, the automatic
exchange of so-called reportable cross-border arrangements introduced by the
EU.
1.12 The development of the digital economy, with the widespread use of new
types of intermediaries, has led to the development of new rules of exchange
of information as a consequence of the development of the sharing economy,
with new business models such as Uber, eBay, Airbnb, and the like. In this
context, both the OECD and the EU have developed new rules to expand
information reporting to digital platforms. The need for new reporting obli-
gations has also been recognized in the area of crypto-assets and e-money.
Recently, the OECD has drafted new models of information reporting for
crypto-assets service providers. The EU is also considering the implementa-
tion of comparable rules. We will therefore analyse in more detail the new
exchange of information obligations targeting platforms and crypto-assets
service providers.
1.13 After analysing in detail the various systems of international exchange of

information, their interaction and their complexities, we will move on to look
at the position of the taxpayers involved. This should lead us to define more
precisely the level of protection of the taxpayers during the whole exchange of
information process, and the existing rights that may be challenged during it.
More precisely, we will distinguish between substantive rights, such as human
or constitutional freedoms, which cover essential rights of protection of human
features (privacy, possession, data protection, and so on), and procedural
rights, namely rights of defence in the process as such.
4
2
HISTORICAL DEVELOPMENT OF
INTERNATIONAL EXCHANGE OF
INFORMATION RULES
I. FIRST MODELS 2.01 IV. THE ‘BIG BANG’ 2.13

II. THE DEVELOPMENT OF THE INITIATIVE V. TOWARDS AUTOMATIC EXCHANGE OF
AGAINST HARMFUL TAX COMPETITION INFORMATION2.27
AND ITS IMPACT 2.07 VI. THE IMPACT OF THE BEPS INITIATIVE 2.36
III. DEVELOPMENTS AT THE EU LEVEL 2.11 VII. NEW MODELS 2.39
I. FIRST MODELS
It appears that the first exchange of information rules took place in the 2.01
framework of double taxation treaties concluded between Belgium and France
(1843) and between Belgium and the Netherlands (1845).1
The starting point of a model providing for the obligation to exchange infor- 2.02
mation under a bilateral convention can be traced back to the works of the
League of Nations.2 Indeed, in 1927, the League’s Committee of Technical
Experts on Double Taxation and Tax Evasions issued a general report that
presented four separate model tax conventions.3
One year later, the Committee and experts published the 1928 model double 2.03
taxation treaty that would form the basis of bilateral treaties, which, alongside
the work of the OECD that followed, would form the basic structure of the
international tax regime.4 As Dean has demonstrated, the fate of the four
models presented by the League of Nations would however be quite different.5
1 Gangemi (1990), p.19.

2 Dean (2008), p.35.
3 See Reports Presented by the Comm. of Technical Experts on Double Taxation and Tax Evasion, League of
Nations Doc. C.216M.851927 II (1927 Report); Dean (2008), p.35.
4 In this sense, Dean (2008), p.35, who refers also to Avi-Yonah (1996), p.1306.
5 Dean (2008), p.38.
5
Indeed, the model designed to combat double taxation would clearly prevail
over the others. Later on, the League of Nations issued two model tax treaties,
the so-called Mexico drafts in 1943 and the London drafts in 1946, which
included a model double taxation treaty and a model for the establishment of
reciprocal administrative assistance in the field of taxation.6 The two distinct
drafts would eventually be combined into a single model treaty.7
2.04 The Organisation for European Economic Co-operation (OEEC) published

its recommendation concerning double taxation on 25 February 1955, and
in July 1963 its successor the OECD adopted a Draft Double Taxation
Convention on income and capital. Article 26 of the OECD Draft would later
become one of the leading frameworks for international exchange of informa-
tion in tax matters. The essential feature of this type of exchange of informa-
tion corresponds to an exchange of information upon request. In addition, it
covers information relevant to carry out the provisions of the convention or to
implement the domestic law of the requesting State. In the first case we refer
to a ‘minor exchange’ and in the second case to an ‘extended exchange’ clause.
2.05 At this stage, some countries, such as Austria, Belgium, Luxembourg and
Switzerland, were more in favour of granting a restricted exchange of informa-
tion in tax matters. For instance, Switzerland, under the so-called traditional
approach, would only accept a treaty with a minor exchange of information
clause, limited to the information necessary to carry out the provisions of the
treaty.8 Therefore, Switzerland would not grant exchange of information about
a taxpayer, resident in the requesting State, who did not claim any benefit from
an applicable DTT, typically in order to obtain reduced tax at source from
Swiss source dividends, interests or royalties.
2.06 In 1979 in Strasbourg, the Council of Europe and the OECD issued
a Multilateral Convention on Mutual Administrative Assistance in Tax
Matters (CMAAT), which was approved in 1987. It was open to signature
first for OECD Members in 1988 and entered into force on 1 April 1995, after
ratification from five States (the United States, Denmark, Finland, Sweden
and Norway).
6 Fiscal Comm., London and Mexico Model Tax Conventions: Commentary and Text, League of Nations
Doc. No. C.88.M.88.1946.IIa.; Dean (2008), p.39.
7 Dean (2008), p.40.
8 It should be noted that this position had already evolved in 1996, under a new income tax treaty with the
United States, where Switzerland was ready to exchange information in cases of ‘tax fraud and the like’. This
concept, derived from domestic Swiss law, corresponds to tax evasion combined with fraudulent behaviour
of the taxpayer, such as manoeuvres or ‘schemes of lies’ designed to deceive the tax administration; see infra
p.53 ff.
6
DEVELOPMENT OF INTERNATIONAL EXCHANGE OF INFORMATION RULES
II. THE DEVELOPMENT OF THE INITIATIVE AGAINST HARMFUL TAX

COMPETITION AND ITS IMPACT
The year 1998 remains a landmark moment on the path towards global 2.07
transparency. This was when the OECD published the famous report against
harmful tax competition. It sets a pattern to identify tax havens and harmful tax
regimes of countries with a comprehensive tax system. Looking at this report
in retrospect, it is interesting to note that most of the changes that would
occur later in the area of exchange of information were already announced ten
years earlier, albeit not in such an extensive and comprehensive form. Among
the criteria to identify both tax havens and harmful tax regimes, the lack of
effective exchange of information plays a key role. At that time, Luxembourg
and Switzerland abstained from approving the report. Both countries however
continued to participate in the work of the OECD on these matters.
Pressure started to grow notably against identified tax havens, which were 2.08
further divided into two categories: cooperative and non-cooperative. In 2000
the OECD issued a report entitled Improving Access to Bank Information
for Tax Purposes.9 Both Switzerland and Luxembourg approved this report.
Retrospectively, it can be seen as a compromise because it only provides for
a minimum standard of exchange of information upon request, and subject to
tax fraud, as defined according to the law of the requested State.10 For a while,
due notably to a public statement of the United States in early 2001,11 the
focus was less on the harmful features of corporate taxation than on exchange
of information as such. The pressure however continued.
As a result of the work of the Global Forum on Transparency and Exchange 2.09
of Information, which was created in 2000, in 2002 the OECD issued a model
tax information exchange agreement (TIEA). The OECD presented both
a multilateral and a bilateral model, which provided for exchange of informa-
tion upon request, without the possibility for the requested State to oppose
bank secrecy rules. Indeed, the request was based on the conditions set forth
under the rules of the requesting States. While it appears that TIEAs had
already been concluded in the past, notably between the United States and
9 OECD, Improving Access to Bank Information For Tax Purposes (OECD 2000), International
Organizations Documentation IBFD.
10 The approval of the 2000 OECD Report, and the later introduction of the EU Saving Directives, led
Switzerland to modify its position in favour of an exchange of information in case of tax fraud according to
the law of the requested State: see infra p.25.
11 See US Treasury Department, Statement from Treasury Secretary O’Neil on OECD Tax Havens, of 10 May
2001.
7
Caribbean countries, the OECD Model TIEA represents a major develop-

ment, providing for a global framework, still based on exchange of information
upon request. At first, the progress of TIEAs was rather slow; only a dozen
such agreements were signed, notably with the United States. In time –
namely, seven years later – the success of these models would however be seen.
2.10 In 2005, strongly influenced by the works of the Global Forum and the
adoption of the Model TIEA, the OECD Model DTC and its Commentary
were modified in order to comply with the global standard. A new paragraph
5 to Article 26 was adopted. It provides, in particular, that the requested State
cannot decline to supply information solely because it is held by a bank or other
financial institution, or because it relates to the ownership interests in a person.
III. DEVELOPMENTS AT THE EU LEVEL
2.11 Actions were also being undertaken at the EU level in order to fight tax evasion
and develop exchange of information. Significant instruments have been put
in place, notably in the area of VAT and various excise duties. On 27 January
1992 the Council Regulation (218/92) on administrative cooperation in the
field of indirect taxation (VAT) was adopted, followed later by a new Council
Regulation on 7 October 2003. In the field of direct taxes, the first Directive
on exchange of information (77/799) was adopted on 19 December 1977. This
Directive would be modified many times in the future.
2.12 On 3 June 2003 Directive 2003/48/EC on the taxation of savings income

in the form of interest payments was adopted.12 It entered into force on 1
July 2005. At the same time, bilateral agreements with equivalent rules were
adopted between the EU and third States, namely Switzerland, Andorra,
Monaco, Liechtenstein and San Marino.
IV. THE ‘BIG BANG’
2.13 The year 2007 was the calm before the storm. It all started in Liechtenstein.
A gentleman by the name of Kiefer was able to transfer a CD of clients’ names
from an accounting firm in Vaduz to Germany. The CD contained a list of
non-compliant German taxpayers. Without knowing it, Mr Kiefer provoked
a major political crisis, resulting in the resignation of a top German politician
12 Council Directive 2004/48/EC of 3 June 2003 on the taxation of savings income in the form of interest
payments, OJ L 157 of 26 June 2003, p.38 ff.
8
involved in the fraud, and put the issue at the forefront of both the political
agenda and the media. Shortly after, in 2008, the UBS scandal started in the
United States, with thousands of undeclared bank accounts of US taxpayers
under investigation.
The economic crisis of 2008, although not directly linked with the issue of 2.14
bank secrecy and offshore accounts, gave a further impetus in favour of global
transparency and put more pressure on tax havens. International organizations
(such as the UN or the OECD), and notably G20 countries, called for action
in this field. As of 2008, the implementation of global standards of transpar-
ency and exchange of information reached the top of the agenda at the G20
meetings in Washington, London and Pittsburgh.13
The Leader’s statement of the London G20 meeting of 2 April 2009 stated: 2.15
We agreed to take action against non-cooperative jurisdictions, including tax havens.

We stand ready to deploy sanctions to protect our public finances and financial systems.
The era of bank secrecy is over. We note that the OECD has today published a list of
countries assessed by the Global Forum against the international standard for exchange
of tax information.
Indeed, the G20 meeting of 2009 introduced white, grey or black lists of 2.16
countries, according to their level of implementation of a sufficient network of
exchange of information treaties. The ‘rule of 12’ became reality. In order to
belong to the white list a country had to sign a minimum of 12 DTCs, with an
extended exchange of information clause corresponding to the OECD Model,
or 12 TIEAs. This time the pressure from the world community was too strong.
On 13 March 2009, a ‘big bang’ occurred: Austria, Belgium, Luxembourg and
Switzerland, in particular, announced their willingness henceforth to apply
the standard defined in Article 26 of the OECD Model DTC within the
framework of new tax treaties. During the London G20 summit on 2 April
2009 those countries were still on the ‘grey’ list, which referred to States that
had committed to implementing the international standard without having
done so in substance.14 By September 2009, they had been moved to the white
list.15 March 2009 would further lead to worldwide negotiations of tax treaties,
with extended exchange of information clauses, and of TIEA to a degree never
before seen, including in notable tax haven countries.
13 Cannas (2013), p.28.

14 OECD Global Forum, Progress Report, 2 April 2009.
15 OECD Global Forum, Progress Report, 28 September 2009.
9
2.17 The Global Forum started to implement a ‘peer review’ process in order to
verify the level of implementation of the global standard. The first phase
started in 2010. Some countries had to modify their legislation, which could
be viewed as too restrictive in view of the requirement of the generally accepted
standard. The second phase of the peer review concentrates on the effective
practices of the Member States. It is still under way but important progress has
generally been implemented globally.
2.18 According to the Global Forum, the international standard,
which was developed by the OECD in co-operation with non-OECD countries and
which was endorsed by G20 Finance Ministers at their Berlin Meeting in 2004 and
by the UN Committee of Experts on International Cooperation in Tax Matters at
its October 2008 Meeting, requires the exchange of information on request in all tax
matters for the administration and enforcement of domestic tax law without regard to
a domestic interest requirement or bank secrecy for tax purposes. It also provides for
extensive safeguards to protect the confidentiality of the information exchanged.16
2.19 Major developments also occurred in the United States. In 2001 the ‘Qualified
Intermediary’ (QI) agreements were implemented. They allow foreign finan-
cial institutions (FFIs) to enter into QI agreements, which provide for deter-
mining the identity of their US clients, and to levy a withholding tax of 30
per cent on US source income (dividends, interests, gross proceeds from sale).
Under the QI, however, the FFI did not have to disclose the names of their
US customers.
2.20 The UBS case, including the Birkenfeld whistleblowing,17 drew a lot of
attention from the media and political pressure grew against the use of off-
shore structures, with the participation of banks or FFIs, to evade taxes. As
a consequence, the United States introduced the Foreign Account Taxpayer
Compliance Act (FATCA) in 2010. Under FATCA, foreign FFIs must iden-
tify and report to the IRS US account holders and non-US account holders
with substantial US ownership. Participating FFIs are also required to levy
a 30 per cent withholding tax on certain payments of recalcitrant account
holders.
2.21 In 2011, the Joint CoE/OECD CMAAT of 1988 was further amended.18 It
was opened for signature by non-OECD Member countries. The rules were
16 OECD, Tax Co-operation 2010: Towards a Level Playing Field (2009); see also Malherbe/Beynsberger
(2012), p.125.
17 For a description of the UBS saga, see infra p.56 ff.
18 See in particular, Pross/Russo (2012), p.381.
10
adapted to the current standard on exchange of information. In particular,

similar to Article 26, paragraph 5 of the OECD Model DTC, information
held by banks or relating to the ownership must be exchanged. Increasingly,
in parallel to the bilateral network of double taxation treaties, a multilateral
form of cooperation was fostered. While on 27 May 2010 the new Protocol
CMAAT had been signed by 15 countries, to date it has been signed by more
than 65 countries.
The same year, at the EU level, Directive 2011/16/EU on administrative 2.22

cooperation in the field of taxation, replacing Directive 771/799/EEC, was
adopted.19 It provides for the exchange of information upon request or spon-
taneously, and for an automatic exchange of information, as from 1 January
2015, that is available on the following five specific categories of income and
capital: employment income, director’s fees, life insurance products, pensions
and ownership and income from immovable property. It should be noted that
there is already a pending proposal to extend such automatic exchange to
dividends, capital gains and other income held in specific financial accounts.
In the same period Switzerland started to implement an alternative model, the 2.23
so-called Rubik agreements. In a nutshell, the model is based on a withholding
tax on Swiss source income to foreign residents in Contracting States, which is
then transferred to that State, while preserving the anonymity of the taxpayer.
The rate corresponds to the State of residence. Withholding tax agreements
have been signed by Switzerland in 2012 with the United Kingdom, Austria
and Germany (but the latter was not in the end ratified).
A further development took place in 2012. On 17 July 2012 the OECD 2.24
updated its Commentary on the OECD Model and confirmed the admissi-
bility of so-called group requests in the context of exchange of information.20
It means that a request may not only refer to a single identified taxpayer but
also pertain to a specific group of taxpayers who are in a similar situation. The
prohibition of fishing expeditions still applies under the standard, so that the
group must be sufficiently related to a specific and joint ‘pattern of facts’.21
19 Council Directive 2011/16/EU on administrative cooperation in the field of taxation of 15 February 2011,
O.J. L 64/1 of 11.03.2011.
20 See, notably, OECD Model Tax Convention on Income and on Capital: Commentary on Article 26, para
5.2 (22 July 2010).
21 For an example of a group request, see Federal Administrative Court (FAC) of 5 March 2009 (‘case UBS I’),
Archives 2009, p.837; see infra p.57 ff.
11
2.25 In the same year, the Financial Action Task Force (FATF) adopted a revision
of its guidelines. According to the FATF Recommendation No 3 of February
2012, serious tax crimes (direct or indirect), a concept to be defined under
domestic tax law, become a predicate offence for criminal money laundering
prosecution. This rule – which had already been implemented by many States,
namely in Europe – thus became a global standard. Following that trend,
a proposal for a new EU Directive on the prevention of the use of the finan-
cial system for the purpose of money laundering and terrorist financing of 5
February 2013 (COM (2013) 45 final) is under analysis.
2.26 The development of money laundering rules in the tax area has a direct impact
on exchange of information. Indeed, coordination between criminal and tax
rules will foster such exchanges. In addition, criminal rules on identification
of the beneficial owner of complex structures, implemented for anti-money
laundering purposes, may be used as additional tools in the tax area, in order to
identify beneficial owners or controlling persons.
V. TOWARDS AUTOMATIC EXCHANGE OF INFORMATION
2.27 While most observers were thinking that giant steps had already been achieved
in the area of exchange of information, another major development, somewhat
comparable to the ‘big bang’ of 2009, took place in 2013: the move towards
automatic exchange of information.
2.28 The movement can in fact be traced back to 2012. In particular, in February
of that year, five European countries (France, Germany, Italy, Spain and the
United Kingdom) announced their intention to develop a system of multilat-
eral automatic exchange of information with the United States, in order to
implement the FATCA rules. This agreement forms the basis of the so-called
Model 1 IGA. This development can be described as a ‘turning point’ in the
efforts to reach a global standard of automatic exchange of information.22
Indeed, the FATCA system of global reporting was implemented globally and
endorsed as a potentially reciprocal standard under the Model 1 IGA.
2.29 On 19 April 2013 a meeting of G20 Finance Ministers and Central Bank
Governors endorsed automatic exchange of information as the expected new
22 See also Tello/Malherbe (2014), p.1; Grinberg (2014), p.333 ff; Grinberg (2012), pp.305, 375; Morse (2012),
p.529 ff.
12
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Types, 6, 12, 22, 26, 56
Vellum books, 20, 125
Wife, 20
Woodcuts, 12, 13, 15, 16, 17, 21, 22, 27, 33, 142
Charles the Great, Caxton, 16
Chasteleyn, George. See Castellain, George
Chastising of God’s Children, W. de Worde, 24, 25
Chatsworth Library, 81, 88
Chaucer, G., Works, Pynson, 1526, 165;
Godfray, 1532, 156, 157;
Canterbury Tales, Caxton, 8, 15;
Pynson, 57, 58;
W. de Worde, 30;
Hous of Fame, Caxton, 15;
Mars and Venus, Notary, 39;
Troilus and Cressida, Caxton, 15
Chepman, Walter, 115
Chevallon, Claude, 205
Cholmondeley, Ralph, 176
Chorle and the Bird, 10, 16
Christmas Carolles, W. de Worde, 1521, 137
Chronicles of England, Caxton, 13;
Leeu, 88, 90;
Machlinia, 52, 60;
Notary, 142-144
Cicero, Paradoxes, Redman, 177;
De officiis, Mainz, 1466, 4;
Pro Milone, Oxford, 66
Claudin, A., 17
Cluen, Gerard, 217
Coblentz, Jean de, 198
Cock, Simon, 231
Cockes, John, 227
Colet, John, 148
Cologne printing, 4, 65, 73, 79, 142, 219
Combe, Dr Charles, 73
Commemoratio lamentationis beate Marie, Caxton, 21
Commendations of Matrimony, J. Skot, 1528, 150
Complaint of the too soon maryed, W. de Worde, 138
Confluentinus, Joannes, 198
Congregational Library, London, 61
Consolation of timorouse and fearfull consciencys, 172
Constable, John, Epigrammata, Pynson, 1520, 124
Contemplacyon or meditacyon of the shedynge of the blood, W. de
Worde, 35
Conversion of Swearers, W. de Worde, 135;
J. Butler, 152
Conway, Sir W. M., 88
Copenhagen printing, 30
Copland, Robert, 7, 139, 146-7, 154, 172
Copland, William, 147
Corsellis, Frederick, 2
Cotton, Henry, 19
Cousin, Jacques, 205, 206
Couvelance, Philippus de, 199
Coverdale, Miles, 208, 209, 225
Cowlance, Jean de, 198
Cox, Leonard, 153
Cranmer, Thomas, 159
Crawford, Earl of, 194
Criblée engravings, 142
Crom, Matthew, 231
Cromwell, Thomas, 149, 154, 157, 185, 203, 209
Croppe, Gerard, 23
Cuthbert, St, 101
Darby, Robert, 139

Dating, method of: Berthelet, 179;
Notary, 135, 141;
Pynson, 68, 159, 160;
Redman, 175;
W. de Worde, 31, 135
Davidson, Thomas, 115
Day, John, 191
De veteri et novo Deo, J. Byddell, 1535, 203
Debate and stryfe betwene Somer and Wynter, L. Andrewe, 156
Defence of Peace, 1535, 203
Demaundes Joyous, W. de Worde, 1511, 136
Determinations of the most famous Universities, Berthelet, 179
Deventer printing, 79
Devonshire, Duke of, 16, 74.
See also Chatsworth Library
Dewes, G., Introductorie for to lerne French, T. Berthelet, 157;
J. Reynes, 200
Dialogue betwixte two englyshe men, T. Berthelet, 180
Dibdin, T. F., 8, 27, 46, 53
Dictes or sayengis of the Philosophres, Caxton, 6, 7
Dictionary of National Biography, 22, 131
Directorium sacerdotum. See Maydeston, C.
Directory of the conscience, L. Andrewe, 156
Diurnale, Sarum, W. Hopyl, 1512, 195
Dives and Pauper, Pynson, 54, 61
Division of the Spiritualty and the Temporalty, 175, 180
Dockwray, Thomas, 148, 149
Doctrinal of Sapience, Caxton, 20
Doctrynale of good servantes, J. Butler, 152
Doesborch, Jan van, 91, 130, 155, 214, 220-222
Donate and accidence, Paris, 1515, 198
Donatus, P. Violette, 206
Donatus Melior, Caxton, 17, 125
Dorne, John, 98
Dorp, R. van den, 220
Dotier, Martin, 235
Douce, Francis, 10, 25, 221
Douglas, Gavin, 20
Draper, Richard, 202
Drunkardes, The IX, R. Bankes, 154
Dublin: Marsh Library, 143, 234;
Trinity College Library, 84, 86, 88, 89, 217
Duff, E. Gordon, 60, 115, 116
Du Pré, Jean, 206
Durham bindings, 102, 104
Durham Cathedral Library, 34, 102
Dying Creature, W. de Worde, 1514, 146
Eckert van Homberg, Henri, 226

Eckius, J., Enchiridion, 1531, 148
Edinburgh printing, 151
Edinburgh, Advocates’ Library, 37
Signet Library, 67
University Library, 81
Edwards, bookseller, 161
Egmond, Count of, 67
Egmont, Frederick, 66, 67, 91-94, 97, 207;
bindings, 114-5
Elegantiarum viginti praecepta, Pynson, 67
Elyot, Sir T., Book named the Governour, T. Berthelet, 180
Endhoven, C. van. See Ruremond, C. van
Eneydos, Caxton, 20
Epitaph of Jasper, Duke of Bedford, Pynson, 63
Erasmus, D., Christiani hominis institutum, H. Pepwell, 148;
Colloquiorum formulae, De copia verborum, Enchiridion militis
christiani, W. de Worde, 138;
Exposition of the commune crede, Redman, 203;
Good manners for children, W. de Worde, 138;
Treatise upon the pater noster, Berthelet, 178
Esteney, John, 130
Eurialus and Lucrece, J. van Doesborch, 220
Every Man, J. Skot, 150
Exposicions des epistres et evangiles, Verard, 1511-2, 212
Expositio hymnorum, A. Bocard for J. Boudins, 97, 193;
H. Quentell, 65;
Pynson’s Supplement, 65
Expositiones terminorum legum Anglorum, 1527, 152
Faques, Richard, 170-172, 234

Faques, Wm, 158, 162, 169-171
Far, Richard, 172
Farmer, Richard, 10, 39, 132
Fawkes, Michael, 172
Fawkes. See also Faques
Faxe, Amelyne, 172
Faxe, Richard, 172
Ferreboue, James, 212
Festum nominis Jesu, Pynson, 61, 65
Festum transfigurationis, Caxton, 61;
Machlinia, 54;
Pynson, 65
Festum visitationis, Machlinia, 54
Fewterer, J., Myrrour of Christes Passion, R. Redman, 175
Ficinus, M., Epistolae, 1495, 103
Fifteen Joys of Marriage, W. de Worde, 135
Fifteen Oes, Caxton, 21, 22, 27
Fifteen Tokens, J. van Doesborch, 220
Fisher, John, Sermon, W. de Worde, 1508, 134
Fitzherbert, Sir A., Diversite de courtz, R. Redman, 1523, 172;
Great Abridgement, J. Rastell, 184
Fitzjames, R., Sermo die lune, W. de Worde, 28
Fletewode sale, 35
Foreign book-trade with England, 72-100, 187-8, 205-213, 214-
231, 235-240
Foundation of Our Lady’s Chapel at Walsingham, Pynson, 63, 64
Four Sons of Aymon, Caxton, 19, 20
Frankenberg, Henry, 77
Frankfurt fair, 192
Frederyke of Jennen, J. van Doesborch, 220, 221
Freeling, Sir F., 61
Froissart, J., Chronicle, Pynson, 164
Froschover, Christopher, 218
Frute of Redemption, R. Redman, 175
Fryth, John, Disputation of Purgatory, 184
G., E., engraver, 172

G., G., bookbinder, 233
G., I., bookbinder, 234
G., W., bookbinder, 49, 109, 234
Gachet, John, 212
Galfridus Anglicus, 79
Game and Playe of the Chesse, Caxton, 6, 12
Garlandia, J. de, 63, 79
Gaver, James, 107, 139-141
Gavere, Ioris de, 112
Ghent binding, 112
Ghent University Library, 21
Gibkerken, 227
Gift of Constantine, T. Godfray, 157, 203
Gloucester Cathedral Library, 82
Godfray, Thomas, 156, 157, 203
Golden Legend. See Voragine, J. de
Golden Litany, J. Skot, 151
Göttingen University Library, 9
Gouda printing, 30
Gough, John, 139, 184, 203, 204
Gough, Richard, 92, 199
Gourmont, Egidius, 196
Governayle of Health, Caxton, 90
Gower, J., Confessio amantis, Caxton, 15
Gradual, Sarum, 1527, 199, 205
Gradus comparationum, J. Toy, 1531, 150, 153
Graf, Urs, woodcuts by, 211
Grafton, Richard, 155, 181, 208, 209
Gray, William, 154, 155
Greek type, 235
Grenville Library, 61
Gringore, P., Castle of Labour, Verard, 206
Growte, John, 204
Groyat, John, 204
Gryphus, P., Oratio, Pynson, 163
Gueldres, Duke of, 67
Guilford, Sir Richard, 163
Guilibert, John, 112
Gulielmus de Saliceto, Salus corporis salus anime, R. Faques,
171
Guy of Warwick (Pynson), 70
Gybken, John, 227
H., A., bookbinder, 121, 233

H., I., printer, 37, 38
Hackett, John, 224
Haghe, Ingelbert, 82
Hain, L., Repertorium Bibliographicum, 39
Halberstadt Library, 14
Hampole, Richard de, Devout Meditacions, 134;
Speculum Spiritualium, 194
Hardouyn, Gilles, 205
Haukins, John, 158, 166, 167, 168
Havy, Noël, 139, 140, 235
Hawes, S., Pastime of Pleasure, W. de Worde, 1509, 135
Hazlitt, W. C., 136
Heber sale, 35, 40
Heerstraten, E. vander, 77
Helias, Knight of the Swan, W. de Worde, 1512, 136
Henry VII., 55, 68, 212
Henry VIII., 68, 164, 165, 212
Herbal, The Grete Herball, 1529, 156
Herbert, William, 35, 39, 114, 143, 152, 169, 174, 178, 204, 207
Hereford bookseller, 82, 83
Herford, John, 149
Herolt, John, Sermones discipuli, J. Notary, 1510, 143
Heron, John, 184
Hertzog de Landoia, Joh., 91-93
Heywood, J., Gentleness and Nobility, J. Rastell, 185;
Johan the Husband, Pardoner and the Friar, Play of Love, Play
of the Weather, W. Rastell, 186
Hieronymus de Sancto Marcho, De universali mundi machina,
Pynson, 161
Higden, R., Polycronicon, Caxton, 13;
Treveris for Reynes, 1527, 199
Higman, J., 18, 205
Higman and Hopyl, 87
Hillenius, Michael, 148, 176
Hilton, W., Scala perfectionis, J. Notary, 1508, 143
History of Jacob, J. Skot, 150
Hoe, Robert, 16, 136
Hoff, Upright, 228
Holder, Robert, 201
Holkham Library, 26
Hollybush, John, 225
Holt, J., Lac Puerorum, A. van Berghen, 91, 216;
J. van Doesborch, 220
Holwarde, Thomas, 201
Homiliarius (? Cologne, ab. 1475), 73
Hopyl, Wolfgang, 84, 87, 95, 96, 194-196, 205, 218
Horae, Paris editions, 84-86;
undated editions, 85;
J. Poitevin, 86
Horae, Sarum:
number of editions, 85;
Caxton, 17, 21, 33;
Leeu, 80;
Machlinia, 48, 49, 109;
Notary, 38, 39;
C. van Ruremond, 226;
W. de Worde, 27;
Venice, 1494, 91;
Paris, 1498, 96; 1506, 232;
1507, 194;
Paris, 1510, 194;
Paris, 1532, 1533, 1534, 204;
Rouen, 1536, 204;
Antwerp, 1530, 223
Horologium Devotionis, Zel, 142
Horse the Shepe and the Goose, Caxton, 10;
W. de Worde, 22
Howleglas, 89; J. van Doesborch, 220
Hundred mery tales, J. Rastell, 184
Hunte, Thomas, 98
Hunterian Museum, Glasgow, 19, 64, 155
Huvin, Jean, 37, 38
Hylton, W., Scala perfeccionis, W. de Worde, 26
Hymni cum notis, C. van Ruremond, 226
Hymns and sequences, J. Notary, 143
Imitatio Christi, Pynson, 114, 160

Imposition, wrong, instance of, 50
Indulgences, 104, 106;
Caxton, 12, 19;
Lettou, 12, 43, 108
Infancia Salvatoris, Caxton, 9
Informatio Puerorum, Pynson, 69
Information for Pilgrims, W. de Worde, 28
Initial letters, 93, 142;
filled in by hand, 51
Inner Temple Library, 39
Innocent VIII., 55
Institution of a Christian Man, T. Berthelet, 1537, 180
Interlude of the four elements, J. Rastell, 185
Interlude of women, J. Rastell, 185
Introductorium linguae latinae, W. de Worde, 28
Ipswich, 228
Jacobi, Henry, 105, 108, 148, 194-199, 232;
bindings, 119, 197, 198
Jacobus, illuminator, 112
Jean le Bourgeois, 169
Jeaste of Sir Gawayne, J. Butler, 152
Jehannot, Jean, 96
Jerome of Brunswick, Boke of Distillacyon, Andrewe, 155, 221
Joannes de Lorraine, 82
John of Aix-la-Chapelle, 98
John Rylands Library, 26, 30, 53, 55, 68, 84, 161, 162.
See also Althorp Library
Johnson, Maurice, 152
Joye, G., 229, 230
Justice of Peace, R. Copland, 1515, 147
Kaetz, Petor, 222, 226-7

Kalendar of Shephardes, Pynson, 1506, 161
Kamitus, Treatise of the Pestilence, Machlinia, 53
Katherine of Aragon, 159
Kay, J., trans. Siege of Rhodes, 45
Kele, Thomas, 184
Kempe, Adriaen, 231
Kempe, Margerie, 132
Kendale, John, 43
Kerver, Thielman, 171, 205
Kerver, Thielman, Widow of, 204
Keyser, Martin de, 153
King Apolyn of Tyre, W. de Worde, 1510, 7, 136, 146
King’s bookbinder, 181
King’s printers, 133, 158, 162, 169, 170, 171, 175, 177, 178, 181
King’s stationer, 169
Kinnaird Castle Library, 81
Knight Paris and Fair Vienne, Caxton, 16
Knoblouch, Johann, 211
L., R., bookbinder, 233

Lambertus de Insula, 111
Lambeth Palace Library, 4, 61, 92, 162
Landen, John, 142
Langton, William, 110
Langwyth, Agnes, 177
Lant, Richard, 155, 233
Lauret, Giles, 235
Laurentius of Savona, Rhetorica Nova, Caxton, 10
Lauxius, David, 96
Lecomte, Nicholas, 95-97;
bindings, 116
Leeu, Gerard, 36, 78, 80, 88-91, 215
Lefèvre, R., History of Jason, 88
Legenda Francisci, Barbier for Jacobi, 195
Legenda, Sarum, 18
Legrand, J., Book of good manners, W. de Worde, 36
Leicester, Earl of, 26
Leland, John, 156
Le Roux, Nicolaus, 204
Le Talleur, G., 55, 57, 59
Lettou, John, 11, 41-44, 130;
bindings, 108;
with Machlinia, 44-47, 51
Levet, Pierre, 84
Lewis, J., Life of Caxton, 39
Liber Assisarum, J. Rastell, 184
Liber Equivocorum, Baligault, 84;
Paffroed, 79;
Pynson, 63
Liber Festivalis. See Mirk, J.
Liber Synonymorum, Martens, 1493, 79;
Hopyl, 1494, 84, 95;
Pynson, 1496, 63
Lidgate, J., Assembly of the Gods, 15;
Chorle and the Birde, 10, 16;
Falle of Princes, Pynson, 1494, 62;
Horse, Shepe, & Ghoos, Caxton, 10;
W. de Worde, 32, 37;
Life of our Lady, Caxton, 14;
Sege and Destruccyon of Troye, Pynson, 1513, 163
Life of ... Charles the Great, Caxton, 16
Life of Christ, R. Redman, 175
Life of Hyldebrande, W. de Worde, 138
Life of Petronylla, Pynson, 64
Life of St Katherine, W. de Worde, 24
Life of St Margaret, Pynson, 61
Life of St Wenefrede, Caxton, 15
Life of Virgilius, J. van Doesborch, 220, 221
Lily & Erasmus, De octo orationis partium constructione,
Cambridge, 125
Lily, W., Grammar, H. Pepwell, 1539, 149
Lily, W., Introduction of the Eight parts of Speech, T. Berthelet, 181
Lincoln Cathedral Library, 49, 132
Linton, W. J., 13
Litill, Clement, 81
Littleton, Sir T., Tenores Novelli, Letton and Machlinia, 44, 46;
Tenures, Machlinia, 48;
Pynson, 57, 173;
Redman, 173
London: introduction of printing, 11, 41;
bindings, 102
Louvain: printing, 5, 77, 80, 219;
binding, 111
Lucianus, Necromantia, J. Rastell, 184
Luft, Hans, 228
Lugo, Peregrinus de, Principia, Pynson, 1506, 69, 161
Lumley, Lord, 14
Lyndewode, W., Constitutiones Provinciales, W. Hopyl, 1506, 194,
197, 205;
Constitutions, R. Redman, 1534, 176
M., I., border-piece, 176

Maas, Robert, 139
MacCarthy, Count Justin, 73, 74, 162
Macé, Robert, 206
Machlinia, W. de: with Lettou, 44-47;
alone, 47-56, 77, 109, 130;
bindings, 108
Machyn, Henry, 183
Madan, F., 2, 98
Madden, J. P. A., 95
Magdalen College School, 79
Magna Charta, R. Redman, 1525, 173
Malory, Sir T., Morte d’Arthur, Caxton, 16;
W. de Worde, 30
Manchester. See John Rylands Library
Maudeville, Sir J., Travels, W. de Worde, 1499, 32;
Pynson, 64
Manipulus Curatorum, W. de Worde, 1502, 132
Mansion, Colard, 5, 6
Manual, Sarum, B. Rembolt, Paris, 86;
Rouen, 1500, 82;
Pynson, 1506, 161;
C. van Ruremond, 1523, 222, 226;
for M. Dotier, 1543, 235
Manual, York, W. de Worde, 1509, 136, 212
Marcant, Nicole, 84
Marchant, John, 204
Marsh Library, Dublin, 143, 234
Marshall, William, 203, 204
Martens, Thierry, 79
Martinus de Predio, 112
Martynson, Simon, 139
Mary of Nemmegen, J. van Doesborch, 220
“Master of St Erasmus,” engraver, 142
Maydeston, C., Directorium sacerdotum, Caxton, 9;
Leeu, 80;
Pynson, 70, 71, 159, 161
Maynyal, George, 17
Maynyal, William, 17, 18
Medwall, H., Interlude of Nature, W. Rastell, 186
Merry gest ... Johan Splynter, J. Notary, 144
Merry jests, J. Rastell, 184
Mery geste of a Sergeaunt and Frere, J. Notary, 145
Meslier, Hugo, 161
Metal engravings, 26, 65, 142
Middleton, William, 124, 125, 176
Miraculous work ... at Court of Strete in Kent, 151
Mirk, J., Liber Festivalis, Caxton, 14, 105;
Hopyl, 96;
Morin, 80, 82;
Notary, 38;
Pynson, 61, 62;
Ravynell, 83;
W. de Worde, 25, 62, 83
Mirror of Christes Passion, R. Redman, 175
Mirror of Consolation, W. de Worde, 28
Mirror of Golde, 1522, 137, 150
Mirror of the Life of Christ, Pynson, 1503, 161
Mirror of the World, Caxton, 12;
L. Andrewe, 140, 156
Mirrour of Our Lady, R. Faques, 1530, 172
Missal, Sarum (? Basle, ab. 1486), 78;
Maynyal for Caxton, 1487, 17, 80, 81, 84;
M. Morin, 1492, 80, 81;
Hertzog for Egmont, 1494, 92, 93;
Notary and Barbier, 1498, 38;
Pynson, 1500, 68, 159;
Higman and Hopyl, 1500, 87;
Jean du Pré, 1500, 87, 206;
Birckman and Cluen, 1504, 217;
Pynson, 1504, 161;
Violette, 1509, 207;
W. de Worde and R. Faques, 1511, 171;
C. van Ruremond, 1527, 223;
for W. de Worde and M. de Paule, 207
Missal, York, 1530, 206
Modus tenendi unum hundredum, R. Redman, 174
Montaigne, M. de, 164
Montpellier, Library of Faculty of Medicine, 103
Moore, John, bp of Ely, 8
More, Sir Thomas, 158, 183;
Works, 1557, 186;
Apology, 175, 180;
Debellacyon of Salem and Bizance, 180
Morgan, J. P., 106
Morin, Martin, 80-82, 205-6
Morin, Michael, 206
Morton, Cardinal, 68, 159
Musée Plantin, 80
Music. See Book of Songs, 138
N., H., bookbinder, 233

N., I., border-piece, 176
Natura Brevium, R. Redman, 175
Necessary Doctrine and Erudition, 1543, 180
Necton, Robert, 224
Nele, Richard, 193
Newton, Lord, 17
Nicholson, James, 208
Nicholson, John, 225
Nicodemus Gospel, J. Notary, 142;
J. Skot, 150-1;
W. de Worde, 134
Norwich binding, 108
Notary, Julian, 31, 33, 129, 131, 173;
at Westminster, 37-40;
at London, 141-6;
bindings, 119, 145, 232;
device, 37-8;
method of dating, 135, 141
Nova Festa, Machlinia, 54;
Pynson, 61, 65
Nova Rhetorica, St Alban’s, 1480, 52
Nova Statuta, Machlinia, 48, 51
Novimagio, Reginaldus de, 74
Nowell, bookbinder, 107, 139, 140
Nut-browne Maide, 151, 215
O., R., bookbinder, 233
Of the newe landes, J. van Doesborch, 220
Offor collection, 39
Oliver, Reginald, 233
Oliver of Castile, W. de Worde, 1518, 137
Olivier, Petrus, 82, 205
Orchard of Syon, W. de Worde, 1519, 137
Ordinale, Sarum, Caxton, 9, 22
Ordynaunce ... Kynge’s Eschequier, Middleton, 124
Origen, De beata Maria Magdalena, W. Faques, 170
Ortus Vocabulorum, 194, 197
Os, Govaert van, 30, 33
Osborne, Thomas, 9
Osterley Park Library, 16
Oswen, John, 228
Ovidius, Metamorphoses, 14
Owen, David, 193
Oxford libraries:
Bodleian, 10, 21, 25, 28, 58, 59, 61, 68, 81, 82, 83, 90, 95, 106,
108, 112, 132, 153, 154, 180, 198, 199, 210, 212, 216, 231,
232
Brasenose College, 80
Corpus Christi College, 49, 92, 112, 115, 139
Merton College, 8
New College, 17, 125, 196

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International Exchange of Information

in Tax Matters Towards Global

International Commercial Tax (Cambridge Tax Law Series)

International Business Themes and Issues in the Modern

International Organization and Global Governance, 3rd

Pro Exchange Administration Understanding On premises

Towards Convergence in International Human Rights Law

Tax Justice and Tax Law Understanding Unfairness in Tax

The United Nations in Global Tax Coordination: Hidden

Exploring the Roots of Systematic Tax Avoidance in

ELGAR TAX LAW AND PRACTICE

Cheltenham, UK • Northampton, MA, USA

Edward Elgar Publishing, Inc.

A catalogue record for this book

Library of Congress Control Number: 2023930035

This book is available electronically in the

ISBN 978 1 80088 490 8 (cased)

1 Introduction to International Exchange of Information in Tax Matters1

2 Historical development of international exchange of information rules 5

3 Exchange of information under Double Taxation Conventions 17

4 A practical example: administrative assistance and exchange of information between the

5 Assistance in the collection of taxes under DTC 62

6 Tax Information Exchange Agreements (TIEAs) 69

7 The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 82

9 The so-called Swiss ‘Rubik’ agreements 164

10 The Foreign Account Tax Compliance Act (FATCA) 172

11 Towards automatic exchange of information 187

13 Solving the past 229

15 Exchange of information on digital platforms 269

16 Exchange of information on crypto-assets and crypto-currencies 279

17 Legal protection of the taxpayer 288

18 Conclusion to International Exchange of Information in Tax Matters341

1 INTRODUCTION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

2 HISTORICAL DEVELOPMENT OF INTERNATIONAL EXCHANGE OF

3 EXCHANGE OF INFORMATION UNDER DOUBLE TAXATION CONVENTIONS

F. Joint Audits 3.067

4 A PRACTICAL EXAMPLE: ADMINISTRATIVE ASSISTANCE AND

5 ASSISTANCE IN THE COLLECTION OF TAXES UNDER DTC

6 TAX INFORMATION EXCHANGE AGREEMENTS (TIEAS)

2. Trade, business or professional secret (excluding bank secrecy) 6.31

7 THE OECD CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN

i) Exchange of information on request 8.201

9 THE SO-CALLED SWISS ‘RUBIK’ AGREEMENTS

10 THE FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA)

11 TOWARDS AUTOMATIC EXCHANGE OF INFORMATION

B. Main Features and Functioning of the Various Models 11.14

12 AUTOMATIC EXCHANGE OF INFORMATION (AEOI): THE OECD

13 SOLVING THE PAST

14 THE IMPACT OF THE OECD BASE EROSION AND PROFIT SHIFTING

II. COUNTRY-BY-COUNTRY REPORTING 14.003

15 EXCHANGE OF INFORMATION ON DIGITAL PLATFORMS

16 EXCHANGE OF INFORMATION ON CRYPTO-ASSETS AND

17 LEGAL PROTECTION OF THE TAXPAYER

VII. IMPLEMENTATION OF THE LEGAL PROTECTION OF THE TAXPAYER 17.109

18 CONCLUSION TO INTERNATIONAL EXCHANGE OF INFORMATION IN TAX

AEOI Automatic Exchange of Information

FFI Foreign Financial Institution

TIEA Model Agreement on Exchange of Information in Tax Matters

European Court of Human Rights

European Court of Justice

Berlioz Investment Fund SA (C-682/15), ECLI:​EU:​C:​2017:​373, 16 May 2017

Milan Kyrian (Case C-233/08), ECR-I-00177, 14 January 20108.176

Court of Cologne Judgment of 20 August 2008, 2V 1948/08, EFG 20081764

1 Introduction to International Exchange of Information in Tax Matters1

2 Historical development of international exchange of information rules 5

3 Exchange of information under Double Taxation Conventions 17

5 Assistance in the collection of taxes under DTC 62

6 Tax Information Exchange Agreements (TIEAs) 69

7 The OECD Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) 82

9 The so-called Swiss ‘Rubik’ agreements 164

10 The Foreign Account Tax Compliance Act (FATCA) 172

11 Towards automatic exchange of information 187

13 Solving the past 229

15 Exchange of information on digital platforms 269

16 Exchange of information on crypto-assets and crypto-currencies 279

17 Legal protection of the taxpayer 288

18 Conclusion to International Exchange of Information in Tax Matters341

F. Joint Audits 3.067

2. Trade, business or professional secret (excluding bank secrecy) 6.31

i) Exchange of information on request 8.201

B. Main Features and Functioning of the Various Models 11.14

II. COUNTRY-BY-COUNTRY REPORTING 14.003

VII. IMPLEMENTATION OF THE LEGAL PROTECTION OF THE TAXPAYER 17.109

Berlioz Investment Fund SA (C-682/15), ECLI:EU:C:2017:373, 16 May 2017

Milan Kyrian (Case C-233/08), ECR-I-00177, 14 January 20108.176

FAC, 6 January 2014, A-5390/20134.29

SC, 15 March 2016, 2C_690/20153.018

INTERNATIONAL TREATIES Article 47 17.094, 17.096,

Article 157.17 para 48.060

Model 2 IGA, 14 November 201210.29, s. 6.112.68

Swiss Rubik Model1.11, Commission Directive 96/46/EC of 16 July

Council Directive 92/12/EEC of 25 February para 18.023

Council Directive 2006/112/EC on the para 18.181

Article 1(1)17.103 para 8 14.082, 14.084

Article 25 8.133, 8.140, 15.21, 17.080 Recital 78.204

Article 548.228 Article 3

Article 117.074 Federal Data Protection Law of 19 June 1992,

s. 1473(2)10.07 US Model DTC 2016 3.011–3.012, 5.04

I. FIRST MODELS 2.01 IV. THE ‘BIG BANG’ 2.13