Annotation

In this article the issue of place and role of the legal structure of trust in connection with the implementation of the OECD Common Reporting Standard in national law of participating jurisdictions is studied. The participating jurisdictions are represented by Eastern and Western countries. It is figured out that this international standard covers only those trusts that are reporting financial institutions and non-financial entities that have reportable accounts. It is pointed out that among them passive nonfinancial entities pose the highest risk of tax evasion. The analysis starts with theoretical considerations about trusts and then there is a transfer to their legal regulation in the context of the OECD Common Reporting Standard. Further the criteria of qualification of trusts as reporting financial institutions and non-financial entities are presented. In the article the algorithms of reporting for trusts that are reporting financial institutions and non-financial entities are mentioned and the differences between them are shown. In the end, there is a conclusion about the loopholes both in the OECD Common Reporting Standard and in the Implementation Handbook related to it. A couple of questions are raised as well. The answers to these questions will have an influence on the effectiveness of legal regulation of trusts in the context of automatic exchange of financial account information.