The spontaneous exchange of information - Part 2: What information is exchanged?

As of January 1, 2017, the legal bases have come into force that enable spontaneous exchange of information. Findea explains in a four-part series of articles what this exactly means. In the first article, it was explained what it is all about. This second part shows which information the spontaneous information exchange covers.

What are tax rulings?

‍The spontaneous information exchange aims to exchange tax rulings between contracting parties. Tax rulings are binding advanced tax decisions. If there is a tax-related complex situation, such as the acquisition of a company, the parties involved can clarify in advance with the tax authorities how the action is to be qualified from a tax perspective. The response follows in a ruling signed by the tax authority, which assesses the situation in a binding manner.

‍Which rulings are exchanged?

‍The spontaneous information exchange results in five types of rulings being exchanged. The OECD, however, expressly reserves the right to add new rulings. The existing ones are:

• Rulings concerning preferential tax regimes, e.g., rulings regarding the tax regimes to be abolished for holding, domicile, mixed companies, and principal companies and regarding the future IP-Box;
• Unilateral rulings with cross-border implications regarding transfer pricing;
• Rulings with cross-border implications regarding the reduction of taxable income, which does not appear in the commercial balance sheet;
• Rulings concerning the existence and non-existence of permanent establishments and the related profit allocation;
• Rulings concerning pass-through entities

(Source: Taxpartner)

The spontaneous information exchange applies to taxes levied by the federal government, cantons, or municipalities on income and assets or capital.

Tax rulings concerning the income of natural persons are generally not subject to spontaneous information exchange.

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