Lessons Learned from the Swiss Julius Baer Case

9 Pages Posted: 3 Feb 2016

See all articles by Leopoldo Parada

Leopoldo Parada

University of Leeds School of Law

Date Written: June 30, 2014

Abstract

This paper analyses the impact of a recent decision of the the Swiss Federal Administrative Court [Bundesverwaltungsgericht] denying the disclosure of bank account data to the IRS in light of "group requests" made in application of Article 26 of the U.S.-Swiss Confederation DTT and the new FATCA intergovernmental agreements. The author argues even though the entry in force of the 2009 Protocol (on hold in the U.S. Senate) could change the traditional Swiss distinction between tax fraud and tax evasion for tax treaty purposes, the historic limitation on "fishing expeditions" will still circumscribe the limits on the group requests and the information exchange under FATCA.

Keywords: Group requests, FATCA, Exchange of Information, Fishing Expeditions, Data protection, Double Tax Treaties

JEL Classification: H25, H26, H77, H88, K33, K34

Suggested Citation

Parada, Leopoldo, Lessons Learned from the Swiss Julius Baer Case (June 30, 2014). Tax Notes International, Vol. 74, No. 13, 2014, Available at SSRN: https://ssrn.com/abstract=2724652

Leopoldo Parada (Contact Author)

University of Leeds School of Law ( email )

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