Peer Review Report of Australia - Combined Phase 1 + Phase 2

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Pages: 90

Peer Review Report of Australia

Phase 1: Legal and Regulatory Framework

Phase 2: Implementation of the Standards in Practice

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.

This combined report summarises the legal and regulatory framework and Implementation of the Standards in Practice for transparency and exchange of information for tax purposes in Australia.

Look inside the report

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.

Table of contents

About the Global Forum

Executive Summary

Introduction
Introduction and methodology used for the combined peer review of Australia
Overview of Australia
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 all Laws, Regulations and Other Material Received

Annex 4: List of Authorities Interviewed

Annex 5: Cover Sheets for Information Communicated to Other ATO Officers

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