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Austria; Norway

24 June 2013

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Protocol to treaty between Austria and Norway enters into force

On 1 June 2013, the amending protocol, signed on 16 September 2009, to the Austria - Norway Income and Capital Tax Treaty (1995), as amended by the 2005 protocol, will enter into force. The protocol generally applies from 1 January 2014.

The protocol contains an exchange of information provision in line with Art. 26 of the OECD Model Convention.

For privacy reasons, exchanged information may be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals, in relation to the taxes covered by the treaty. Such information may be disclosed in public court proceedings and judicial decisions. The exchanged information can be used for purposes other than those mentioned in the protocol provided that the information may be used for such other purposes under the laws of both states and the competent authority of the supplying state authorizes such use.

The contracting states are not obliged to:

-   carry out administrative measures which are at variance with the laws and the administrative practice of the other contracting state;
-   supply information which is not obtainable under the laws or in the normal course of administration of the other contracting state; or
-   supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or which would be contrary to public order (ordre public).

However, a contracting state cannot decline the supply of information solely because it is held by a bank, other financial institution, nominee or person acting in an agency or fiduciary capacity, or because it relates to ownership interest in a person.

The additional protocol states does not commit the contracting states to spontaneous or automatic information exchange and does not include "fishing expeditions", i.e. measures aimed only at the simple collection of pieces of evidence.

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