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The competent authorities of Switzerland and the U.S. have entered into the following Competent Authority Arrangement regarding the implementation of the arbitration process provided for in paragraphs 6 and 7 of Article 25 of the Convention between the Swiss Federation and the United States of America for the Avoidance of Double Taxation with Respect to Taxes on Income, signed at Washington on October 2, 1996, as Amended by the Protocols signed on October 2, 1996, and September 23, 2009 (the “Convention”) and the exchange of notes accompanying the 2009 Protocol which form an integral part of the Convention.

Arbitration Process

The arbitration process is applicable to cases that the competent authorities of Switzerland and the U.S. have determined are suitable for assistance under the mutual agreement procedure of Article 25 of the Convention in accordance with published guidance. Further, the arbitration process is subject to certain exceptions described in paragraph 4. The published guidance in the case of Switzerland, is the “Factsheet on the mutual agreement procedure” of May 2018 or any amendment or successor provisions thereof, and in the case of the United States is the, Rev. Proc. 2015- 40, IRB 2015-35, 236, or any amendment or successor provisions thereof. This arrangement has been adopted in accordance with paragraphs 6 and 7 of Article 25 of the Convention and subparagraphs a) and q) of paragraph 1 of the Treaty Annexure A. The competent authorities of both contracting states, the presenter of the case and the arbitrators are required to follow the procedures in this arrangement in good faith.

Wilson Tax Law Group, APLC ( is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense.  Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board.  Wilson Tax Law Group is exclusively comprised of former IRS litigators and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division and Criminal Division.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC

Newport Beach and Yorba Linda, California

Tel: (949) 397-2292 (Newport Beach Office)

Tel: (714) 463-4430 (Yorba Linda Office)

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