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Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: Guatemala 2012: Phase 1: Legal and Regulatory Framework - Product Image

Global Forum on Transparency and Exchange of Information for Tax Purposes Peer Reviews: Guatemala 2012: Phase 1: Legal and Regulatory Framework

  • Published: April 2012
  • Region: Global, Guatemala
  • 68 Pages
  • OECD Publishing

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 100 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 READ MORE >

About the Global Forum

Executive Summary

Introduction
-Information and methodology used for the peer review of the Guatemala 2012
-Overview of the Guatemala 2012
-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. Exchange-of-information 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: Jurisdiction's Response to the Review Report
Annex 2: List of All Exchange-of-Information Mechanisms in Force
Annex 3: List of Laws, Regulations and Other Relevant Material

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