Transcript International Exchange of Information in Direct Tax

International Exchange of Information in
Direct Tax Matters
The Belgian Policy
Jacques GOMBEER
Auditor General
Head, International Income Tax
Federal Public Service Finance
BELGIAN POLICY UNTIL 27 NOVEMBER 2006
Domestic bank confidentiality is provided for in
Article 318 of the Income Tax Code
• Belgian Tax Administration is not allowed to request information
from banks for the taxation of their customers
• Article 318 only applies to income tax
International Tax Treaties : no international exchange
of bank information
Savings Directive 2003/48/EC = no exchange of
information but withholding tax
27 NOVEMBER 2006 : Signature of a new
Belgian/US Tax Treaty
Article 25 organises the exchange of bank information between the I.R.S.
and the Belgian Tax Administration
• Exchange of information is restricted to exchange on request
• The request must identify a specific tax paper and a specific bank
• Entry into force on 28 December 2007
Circular AAF/97-380 of 15 Februari 2008 : the Article 25 derogation does
not allow the Belgian tax Administration to use for its own purposes the
information that is requested from Belgian banks on behalf of the I.R.S.
2008 Reservation on Article 26 of the OECD Model Tax Treaty : no
exchange of bank information but if such exchange of bank information
is included in a tax treaty it will be restricted to the exchange on request
concerning both a specific tax paper and a specific bank
2009 : moving to the International Standard of
Transparency and Exchange of Information
11 march
2009
14 march
2009
April 2009
• A letter is sent to Mr. GURRIA, Secretary General of the
OECD : Belgium drops its reservation on the exchange of
bank information
• Press release : as from 1 January 2010 Belgium will
comply with the Savings Directive by applying the
automatic exchange of information
• Belgium takes part in the process of revising the
O.E.C.D./Council of Europe Convention on Mutual
Administrative Assistance in Tax Matters (signed in 1992)
2010 Achieving the International Standart of
Transparency and the Exchange of Information
 40 Protocols and T.I.E.A.’s (Tax Information Exchange Agreements)
are signed
 Most of the Protocols and T.I.E.A.’s deal with « taxes levied by or
on behalf of the Contracting States »
 The Protocol amending the O.E.C.D./Council of Europe
Convention will be signed by Belgium in May 2010
 The circular on the implementation of the Savings Directive Ci. R9.
Div/602.285 (AFER n°25/2010) of 12 March 2010
 The information collected during the year 2010 by paying agents
in Belgium will be passed on to the Belgian Tax Administration
before 31 March 2011
 Such information will be transmitted to the relevant E.U.
countries before 30 June 2011
Thank You for your Attention