Barbados (BB)

Jurisdiction Overview

IDQuestionAnswer
158 *Are there no undue notification and appeal rights against bank information exchange on request? Yes, but some problems.
 Data Date: 2016

Notes

 
Although the Global Forum found that the rules regarding prior notification procedure were in accordance with the standard, due to the procedural options that may be used by taxpayers in this regard in order to delay the EOI process, we consider that there are some efficiency issues to be addressed. The Global Forum mentions that: "The Phase 2 report found that the rules regarding prior notification procedure were in accordance with the standard. Barbados domestic laws do not require the notification of the person who is the object of a request for information. Further, an information-holder is not informed of the reason for the request for information. In practice, however, if asked the reason for the request, the competent authority will inform the person that the information was requested for EOI purposes but a copy of the request will not be provided, as the request is considered confidential information protected under Barbados’ treaties. In 2012, a taxpayer went to court to challenge a notice related to an EOI request. In this particular case, although an injunction was granted to the taxpayer, the Crown was able to successfully challenge the granting of the injunction. As a result, the interim injunction was discharged. The taxpayer subsequently filed for another injunction related to a second claim. As this request was under challenge, the information could not be provided to the requesting authority. This case was ongoing at the time of Phase 2 review and was not resolved at the time of the present review" (GF 2016: 65-66).

Sources

GF 2016: 65-66