Simultaneous tax examinations are defined in Part A of the OECD Model Agreement for the Undertaking of Simultaneous Tax Examinations (OECD Model Agreement). According to this agreement, a simultaneous tax examination means an “arrangement between two or more parties to examine simultaneously and independently, each on its own territory, the tax affairs of (a) taxpayer(s) in which they have a common or related interest with a view to exchanging any relevant information which they so obtain”. This form of mutual assistance is not meant to be a substitute for the mutual agreement procedure. Any exchange of information as a result of the simultaneous tax examination continues to be exchanged via the competent authorities, with all the safeguards that are built into such exchanges. Practical information on simultaneous examinations can be found in the relevant module of the Manual on Information Exchange that was adopted by the Committee on Fiscal Affairs on 23 January 2006 (see https://www.oecd.org/content/dam/oecd/en/networks/global-forum-tax-transparency/eoi-manual-en.pdf ... Read more

Following an Austrian tax audit of related-party transactions between an Austrian GmbH and a Liechtenstein AG holding intangible assets, Austria's Federal Ministry of Finance submitted an information request under the Austria-Liechtenstein DTA. The Liechtenstein Constitutional Court ruled in favour of the tax authority in August 2021, upholding the validity of the request concerning intra-group IP, data, and service billing arrangements ... Read more