The AIA agreements with the following legal services are expected to enter into force from 2020, with the first data transmission to take place in 2021: to date, Switzerland has concluded 53 agreements that have concluded double taxation according to the new international standard (of which 47 are in force) and 10 tax information exchange agreements (of which 7 are in force). It should also be noted that an evaluation by the Global Forum led Switzerland to obtain, on 26 July, the overall score “largely in line” with the international standard for the exchange of information. *6 Switzerland has signed bilateral agreements with Hong Kong and Singapore establishing the AIA from 2018/2019. Parliament will still have to discuss the adoption of the 2018 agreements. 9: These states and territories do not yet meet the conditions for activation of the AIA. The rights and obligations arising from the agreements are therefore not effective. In particular, reporting financial institutions shall not be required to collect information on the financial account and transmit it to the competent authority. Switzerland will only inform these states and territories as partners of the AIA when they meet the requirements of the global aia standard and inform them of their interest in introducing the AIA to Switzerland. The AIA is always activated on January 1st of each year. Persons subject to the obligation to provide information shall not be allowed to exercise the right of access to the file in relation to the ESTV.

Therefore, they do not have the right to prevent the transmission of personal data to the ESTV. In addition, the provider of the information cannot verify the legality of the disclosure of information abroad or demand the prevention of an illegal transfer or destruction of processed data without a sufficient legal basis. Validity in Switzerland and effects on other provisions The AIA entered into force on 1 January 2017. It replaces the international conventions on withholding taxes between Switzerland and Austria and Switzerland, or.dem united Kingdom, as well as the EU agreement on the taxation of savings. 8: Switzerland implements the AIA with Hong Kong and Singapore on the basis of specific bilateral agreements. 10: After the withdrawal of the United Kingdom from the EU, the behaviour of the AIA is as follows: – Until the end of the transitional period, the United Kingdom continues to apply EU agreements with third countries, such as the bilateral AIA agreement between Switzerland and the EU. – At the end of the transitional period, the AIA will be implemented from 1 January 2021 on the basis of multilateral agreements (Mutual Assistance Agreements in Tax Matters and MCAA). For two countries to be able to implement the AIA standard, they must have an intergovernmental agreement. To this end, the OECD makes available a model convention, the Competent Authority Agreement (CAA) (from page 21).

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