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Tax Exchange Information Agreement Template for United States

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Key Requirements PROMPT example:

Tax Exchange Information Agreement

"Need a Tax Exchange Information Agreement between California and New York state tax authorities to facilitate automatic sharing of tax information for high-net-worth individuals with residences in both states, to be implemented by March 2025."

Document background
Tax Exchange Information Agreements have become increasingly important in the U.S. tax landscape due to growing international financial integration and efforts to combat tax evasion. These agreements, governed by U.S. federal law and international standards, establish frameworks for sharing taxpayer information, financial account details, and other tax-related data. They are essential tools for implementing FATCA requirements, supporting international tax cooperation, and maintaining transparency in cross-border financial activities. The agreement specifies procedures, confidentiality requirements, and technical standards for information exchange while ensuring compliance with U.S. privacy laws and international data protection regulations.
Suggested Sections

1. Parties: Identifies the contracting jurisdictions or entities entering into the agreement

2. Background: States the purpose and context of the agreement, including reference to relevant treaties and laws

3. Definitions: Defines key terms used throughout the agreement, including technical tax terminology

4. Scope of Information Exchange: Details the types of tax information to be exchanged and covered tax matters

5. Exchange Procedures: Specifies methods and timeframes for information exchange

6. Confidentiality: Outlines data protection and confidentiality requirements

7. Costs: Allocation of costs associated with information exchange

8. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Spontaneous Exchange: Provisions for voluntary sharing of information when parties agree to share information without specific requests

2. Automatic Exchange: Framework for routine information sharing when implementing FATCA or CRS requirements

3. Joint Audits: Provisions for conducting collaborative tax audits when parties agree to conduct joint investigations

4. Language: Specifies official language(s) for communication when parties use different primary languages

Suggested Schedules

1. Schedule A - Competent Authorities: Lists designated competent authorities for each jurisdiction

2. Schedule B - Information Security Requirements: Details technical and organizational security measures

3. Schedule C - Reporting Formats: Specifies standardized formats for information exchange

4. Schedule D - Protected Information Categories: Lists types of information subject to special handling

5. Appendix 1 - Contact Points: Lists authorized contact persons and their details

6. Appendix 2 - Implementation Timeline: Details phased implementation of exchange procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

IRC Section 6103: Primary U.S. legislation governing confidentiality and disclosure of tax information, establishing rules for handling and sharing taxpayer data

Foreign Account Tax Compliance Act (FATCA): U.S. law requiring foreign financial institutions to report information about accounts held by U.S. taxpayers to the IRS

Bank Secrecy Act (BSA): Requires financial institutions to assist U.S. government agencies in detecting and preventing money laundering and other financial crimes

USA PATRIOT Act: Provides framework for information sharing between government agencies and financial institutions, including provisions related to international money laundering

OECD Model Tax Information Exchange Agreement: International standard framework for bilateral exchange of tax information between countries

Common Reporting Standard (CRS): Global standard for automatic exchange of financial account information developed by the OECD

Bilateral Tax Treaties: Agreements between the United States and other countries establishing protocols for tax information exchange

Privacy Act of 1974: Federal law establishing code of fair information practices governing collection, maintenance, use, and dissemination of personal information

Taxpayer First Act: Legislation aimed at improving IRS operations and taxpayer services, including modernized data security measures

Administrative Procedures Act: Federal statute governing how administrative agencies propose and establish regulations, including tax information handling procedures

E-Government Act of 2002: Framework for electronic government services and information security management

IRS Revenue Procedures: Official guidance from the IRS detailing administrative practices and procedures for tax information exchange

Treasury Regulations: Detailed rules issued by the U.S. Treasury Department implementing federal tax laws and information exchange requirements

State Tax Information Sharing Laws: Various state-level regulations governing how tax information can be shared between jurisdictions and agencies

Information Security Standards: Technical and operational requirements for protecting tax information during storage, transmission, and exchange

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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