This report contains the 2014 “Phase 2: Implementation of the Standards in Practice”
Global Forum review of Poland.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 120 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.