Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: France 2011: Combined: Phase 1 + Phase 2
OECD Publishing, June 2011, Pages: 98
The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 90 jurisdictions which participate in the work of the Global Forum on an equal footing.
The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention.
The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard.
All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction’s legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
All review reports are published once approved by the Global Forum and they thus represent agreed Global Forum reports.
This publication reviews the quality of France's legal and regulatory framework for the exchange of information for tax purposes, as well as its implementation and effectiveness.
About the Global Forum
Executive Summary
Introduction
-Information and methodology used for the Peer Review of France
-Overview of France
-General information on the legal and tax system
-Recent developments
Compliance with the Standards
A. Availability of Information
-Overview
-A.1. Ownership and identity information
-A.2.Accounting records
-A.3. Banking information
B. Access to Information
-Overview
-B.1. Competent authority’s ability to obtain and provide information
-B.2. Notification requirements and rights and safeguards
C. Exchanging Information
-Overview
-C.1. Information exchange mechanisms
-C.2. Exchange of information mechanisms with all relevant partners
-C.3. Confidentiality
-C.4. Rights and safeguards of taxpayers and third parties
-C.5. Timeliness of responses to requests for information
Summary of Determinations and Factors Underlying Recommendations
Annex 1: The Jurisdiction’s Response to the Peer Review
Annex 2: French Exchange-of-Information Mechanisms
Annex 3: List of Laws, Regulations and Other Relevant Material
Annex 4: Persons Interviewed during the On-Site Visit
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