If the transmitting State is to exchange information automatically with the receiving State, payors of income in the transmitting State must report automatically the relevant information to the transmitting State.

Therefore, in this fact situation, the transmitting State can comply with the exchange of information request of the transmitting State.

What information should the transmitting State normally receive from domestic sources in order that the transmitting State may be able to effectively exchange information with the receiving State?

If the transmitting State does not generally receive that information from payors of income by a method of automatic reporting, the transmitting State generally cannot exchange information automatically with tax treaty partners.

Automatic exchange of information would normally result in voluminous amounts of information, about residents, citizens or other taxpayers of the receiving State deriving income from sources in the transmitting State, being transmitted by the transmitting State to the receiving State ( transmitted information ).

The information reported in accordance with these guidelines shall be submitted in one of the official languages of the United Nations.

In this way, the transmitting State attracts investments from foreign persons who know that, in the general case, the transmitting State will not have the relevant information to exchange with the receiving State.

Whether or nor the transmitting State has an automatic reporting system with regard to interest earned by foreign persons, the receiving State can provide to the transmitting State enough details for the transmitting State to obtain the relevant information from the payors of income.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

Changes in the purposes for which the receiving State can use the information received from the transmitting State

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations.

55 137. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

56 65. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

59 127. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

58 102. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

60 110. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

61 122. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

57 131. Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

However, such payors of income would not be required to provide such information automatically to the tax authorities of the transmitting State.

This would require the transmitting State to compile the relevant information based on the TIN used in the receiving State.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations item 34 .

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations P.36 .

In order that the obligation to exchange information may be broad, a domestic tax interest requirement should not limit the obligation to exchange information.

In order that the receiving State adequately process such Transmitted Information, the information would have to be codified by a TIN or another identification number adequate for processing by the receiving State.

However, the transmitting State may exempt from taxation in the transmitting State certain payments by payors of income located in that transmitting State to non residents and foreign companies not doing business in the transmitting State.

Agenda item 34 Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations

The result is de facto bank secrecy in the transmitting State and because of such de facto bank secrecy in the transmitting State, the foreign person may attempt to evade any applicable tax in his her its country of residence, the receiving State, which does not receive the relevant information.

Therefore, the transmitting State would have to transmit to the receiving State the relevant information codified by the TIN used in the receiving State.

Agenda item 79 Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations (continued)

However, neither 2005 OECD article 26 nor the Commentary thereon actually requires the transmitting State to obtain information, and to have information available to it, in order for that transmitting State to be able to exchange information with the receiving State.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations (A 60 69, A AC.109 2005 L.5)

Moreover, the word information was qualified by the phrase generated, sent, received or stored by electronic, magnetic, optical or similar means .

Pursuant to paragraph 3 of Article 6, the Secretariat is required to collect the additional information set out in part 2 of Annex IV regarding the proposal forwarded under paragraph 2.

The transmitting State may not require those foreign persons to obtain a TIN or provide a TIN to such payors of income in the transmitting State.

By using this foreign intermediary method, the payors of income in the transmitting State do not have any relevant details about the foreign persons investing in the transmitting State.

Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations report of the Special Political and Decolonization Committee (Fourth Committee) (A 60 480)

For example, the transmitting State may provide that foreign persons investing in the transmitting State can channel those investments through a foreign intermediary (a foreign financial institution) that agrees to comply with applicable know your customer requirements similar to those in the transmitting State.

As the correspondence is in Spanish, it has been sent for translation.

The most significant recent development is that exchange of information provisions in tax treaties should override bank secrecy and other confidentiality laws in the transmitting State.

Agenda item 34 Information from Non Self Governing Territories transmitted under Article 73 e of the Charter of the United Nations (A 60 23, chaps. VII and XII, and A 60 69)

This way the frame will always reach its intended destination.