Tax information exchange agreements (TIEA) provide for the exchange of information on request relating to a specific criminal or civil tax investigation or civil tax matters under investigation.[1]
Typically, a TIEA contains the following provisions:
It provides for exchange of information that is "foreseeably relevant" to the administration and enforcement of domestic tax laws on the Contracting Parties.
The information provided under TIEA is protected by confidentiality obligations. Disclosure can be made to courts or judicial forums only for the purpose of determination of the taxation matter in question.
Information requested may relate to a person who is not a resident of a Contracting Party.
There is an obligation on part of requested Party to gather information if it is not in its possession, notwithstanding that it does not itself need that information. Therefore, no "domestic interest" for tax purposes is required for the provision of information.
Information is defined in an expansive manner to cover banking details, ownership details of companies/persons/funds/trusts etc.
Apart from exchange of information, representatives of one Party may be permitted to conduct tax examinations in territory of another party including interviews of individuals and examination of records.
Netherlands Antilles – United States (17 April 2002)
British Virgin Islands – United States (3 April 2002)
Bahamas – United States (25 January 2002)
Cayman Islands – United States (27 November 2001)
Antigua & Barbuda – United States (6 December 2000)
Controversies
The legality of Intergovernmental Agreements (IGAs) has been challenged on the basis that any agreement between governments which bind each government essential represents a treaty. As the United States constitution does not permit the Executive Branch to unilaterally implement treaties without the consent of the senate, many maintain that IGAs lack a basis in the US constitution.[3] IGAs were not described or envisioned in the FATCA legislation, but were conceived and implemented after the fact when it became clear that FATCA would fail without them.[4]