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Articles

Legal analysis by Harneys lawyers

BVI Court protects basic rights of persons subject to tax investigations

Authors:
Publication Date:
4 May 2017

The recent case of Quiver Inc. & Friar Tuck Limited v International Tax Authority in the BVI Administrative Division of the High Court has confirmed that public bodies must strike a balance when discharging their international obligations in the mutual exchange of information by ensuring that procedural fairness safeguards for BVI persons are observed in the performance of those obligations.  

This article examines both the regulatory law backdrop of the case and the litigation strategy which resulted in the Court’s confirmation that a duty of confidentiality cannot and does not (on its own) eclipse the fundamental right of procedural fairness to which BVI persons are entitled. 

The authors, Jonathan Addo and Aki Corsoni-Husain, explain that the decision demonstrates the importance the BVI courts attach to the Rule of Law by delicately balancing the Territory’s international obligations under tax information exchange agreements with the need to appropriately protect the rights of those who live or invest in the BVI. 

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