Automatic exchange of information and Exchange of information on request (EOIR)
Let's examine the definitions of Automatic exchange of information and Exchange of information on request, how defined from the OECD itself.
Automatic exchange of information
Implementing the AEOI Standard requires jurisdictions to collect the information each year from their financial institutions (which include banks, hedge funds and investment trusts) and to automatically exchange it with the jurisdictions where the account holder is tax resident (provided the jurisdiction has in place the necessary framework to keep the information confidential and properly safeguarded). The AEOI Standard is therefore built on three key components:
- a domestic legal framework that requires financial institutions to collect and report the information
- exchange agreements between all Interested Appropriate Partners (those interested in receiving information and that meet the required standards in relation to confidentiality and data safeguards)
- systems and processes for the information to be reported and exchanged effectively in practice, including to ensure compliance by Financial Institutions.
Through these three components the AEOI Standard provides for a powerful tool to help deter and identify offshore tax evasion through holding financial assets abroad. AEOI requires jurisdictions to have in place the required standards in relation to confidentiality and data safeguards, particularly in relation to the policies and systems, to ensure the information they receive is kept safe.
This requires the following components:
- a domestic and international legal framework that keeps the use of the information restricted to the purposes under which the information is exchanged and which forbids its unauthorised disclosure
- policies and systems that ensure that in practice the information is kept confidential and properly safeguarded.
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Exchange of information on request (EOIR) is an essential tool for tax authorities worldwide to ensure that all taxpayers pay the correct amount of tax. Under the EOIR Standard, tax authorities can make specific requests to other tax authorities for information that will allow them to progress their tax investigations. The information that could be requested includes accounting records, bank statements and information on the ownership of assets.
Implementing the EOIR Standard requires each jurisdiction to respond effectively to requests they receive from their exchange partners. The EOIR Standard is therefore built around three key requirements:
- ensuring the availability of ownership, accounting and banking information
- providing access to this information by the tax authorities
- exchanging this information in a timely manner with other interested jurisdictions with which an agreement is in place.
Once in place and operating effectively in practice, the EOIR Standard provides the foundation for effective international co-operation to tackle offshore tax evasion.
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