INTM156030 - Exchange of information

Spontaneous exchanges

Information is also exchanged spontaneously when one country obtains information which it considers will be of interest to the other country and passes it on without having received a request. Such information received in the United Kingdom is evaluated by the CEI and sent to the appropriate office for action.

We should also look for opportunities to provide information spontaneously to overseas tax authorities. The types of information that may be helpful to other countries are very wide ranging but, as a guideline information should be provided because of its general importance or because of the amount of tax involved. In particular, information suggesting that the tax laws of another country may have been abused or tax has been evaded or avoided should be provided. The information must be as accurate and complete as possible and should be sufficient to enable the overseas tax authority to trace their taxpayer. Any available corroborative evidence and documents should be provided. The CEI is responsible for passing the information to the overseas tax authorities and will decide whether it is within the scope of the relevant agreement and appropriate to send. It is therefore important that any matters of a potentially sensitive nature are brought to the attention of the CEI.

Where the information relates to aggressive or abusive tax avoidance schemes with an Australian, Japanese, Canadianor American connection, any report should be made to AAG- JITSIC.

Where a transaction comes within ICTA88/S770A andSCH28AA (ICTA88/S770 for accounting periods ending on or before 30 June 1999 or years of assessment up to and including 1998/99) (transactions not at arm's length) any report should be made to CT & VAT, Specialist International , to whom reports should also be made where there is any information to suggest significant avoidance of foreign tax by a multi-national group.