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Luxembourg - San Marino Tax Treaty (as amended by 2009 protocol) — Orbitax Tax Hub

Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

*ARTICLE 26

Exchange of Information

(1) The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or for the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States or their local authorities insofar as the taxation there under is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2 of this Convention.

(2) Any information received under paragraph (1) of this Article, by a Contracting State shall be treated as confidential in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of taxes referred to in paragraph (1) of this Article, the enforcement or prosecution in respect of these taxes, or the determination of appeals in relation to these taxes or the verification of the same. Such persons or authorities shall use said information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

(3) The provisions of paragraphs (1) and (2) of this Article may, in no case, be construed so as to impose upon a Contracting State the obligation:

  • (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
  • (b) to supply information which cannot be obtained under its laws or in the normal course of its administration of that or of the other Contracting State,
  • (c) to supply information which would disclose any commercial, industrial or professional secret or trade process, or information, the disclosure of which would be contrary to public order.

(4) If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even if it does not need its own tax purposes. The obligation contained in the preceding sentence shall be subject to the limitations of paragraph (3) of this Article unless such limitations are likely to prevent a Contracting State from disclosing information solely because it is not of any interest for it in the national context.

(5) In no case shall the provisions of paragraph (3) of this Article, be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, any other financial institution, an agent or a person acting as an agent or trustee or because such information relates to the property rights of a person.