In series:Global Forum on Transparency and Exchange of Information for Tax Purposes: Peer Reviewsview more titles
Published on November 04, 2016
Also available in: French
This report contains the 2014 “Phase 2: Implementation of the Standards in Practice” Global Forum review of Burkina Faso.
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 130 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.
The Phase 2 review rates Burkina Faso as overall largely compliant with the international standard. The legal and regulatory framework in Burkina Faso ensures that ownership, accounting and bank information is available in line with the standard. The lack of clarity on the practical arrangements to ensure that the new dematerialisation process is effective for all shares including eventually existing bearer shares has however led to a recommendation for improvement. The report notes that Burkina Faso has all the requisite access powers to obtain information and was able to access the information for the exchange of information (EOI) requests sent during the review period. Burkina Faso has recently put in place a new organisation for processing EOI requests, including a new exchange of information unit. As this new organisation remains untested, its operation should be monitored by the Burkina Faso authorities. For further information on Burkina Faso’s legal and regulatory framework in the field of transparency and exchange of information and its implementation in practice please access the full report here.