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In a decision published on 3 January 2018, the Swiss Federal Supreme Court addressed the issue of whether in response to a request for information by the IRS under the exchange of information clause of the US-Swiss Double Taxation Treaty, the Swiss Tax Administration has to redact the names of bank employees and other third parties involved in the management of accounts a US taxpayer maintained at Swiss banks that participated as category 2 banks in the US Tax Program for Swiss Banks.

The ability of the IRS to access information about bankers and other third parties has been the source of uncertainties and anxieties for many. This has been particularly true following recent press reports, according to which the IRS had lodged information requests that no longer targeted US taxpayers but bank employees and other third party advisors.

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