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Taxpayer Rights in the Context of the Automatic Exchange of Information (AEOI): Insights from Recent Swiss Case Law

Authors: Ramos Obando, R.; Porporatto, P.;

Taxpayer Rights in the Context of the Automatic Exchange of Information (AEOI): Insights from Recent Swiss Case Law

Abstract

This article examines the tension between taxpayer rights and the automatic exchange of information (AEOI), focusing on recent Swiss case law. AEOI, promoted by the OECD and G20, enables large-scale cross-border tax data transfers, raising concerns over privacy, data protection and legal remedies. In decisions 2C_780/2020 and 2C_946/2021, the Swiss Federal Supreme Court clarified that reporting financial institutions ensure data accuracy, while the Federal Tax Administration serves as a technical conduit. Also, upholding multilateral trust, the Court relied on OECD peer reviews and partner states’ commitments, yet dismissed broader rights concerns. An analogy with asylum law highlights the heavy evidentiary burden on challengers.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
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