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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국국제조세협회 조세학술논집 租稅學術論集 第30輯 第1號
발행연도
2014.2
수록면
351 - 389 (39page)

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초록· 키워드

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In recent years, Korea has been working closely with its counterparts in other jurisdictions to enhance cooperation in the cross-border exchange of information (“EOI”) for tax purposes. In this regard, Korea has implemented, and continues to enter into, bilateral and multilateral legal instruments that are generally consistent with international standards. Bilateral agreements that allow for EOI have been signed with 90 countries to date, and a multilateral treaty has recently come into effect. In addition, Korea has recently simplified the ratification process for implementing EOI-related provisions within its domestic legal instruments. Given the benefits of such EOI mechanisms in combating offshore tax evasion, Korea has proposed that it will increase its efforts to exchange tax-related information with those jurisdictions that do not have any legal instruments in place with Korea.
Under the domestic law, information for tax impositions appeals and tax-related criminal prosecutions as well as any other tax information accepted under international practices may be exchanged with partner jurisdictions; provided, however, the exchange of such information should not conflict with other domestic laws. Furthermore, the domestic laws allow for the exchange of financial information from financial institutions. The financial institutions are not granted rights to reject any such request for information regarding financial transations from the competent authorities, which is in line with the international standard that bank secrecy does not form the basis for rejecting requests for the exchange of information. Furthermore, financial institutions that supply financial information to the tax authorities are not required to provide notification of this fact to its account holder prior to supplying this information. Rather, the account holders are notified after the fact, within 10 days after the information has been handed over the tax authorities. Despite this rather wide-ranging ability to collect and exchange information, the tax authorities are required to strictly adhere to confidentiality measures aimed at preventing leakage of taxpayer information.

목차

Preface and Conclusion
Ⅰ. Sources
Ⅱ. Extent and forms of exchange of information
Ⅲ. Limits
〈Reference〉
〈Abstract〉

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