Revenue eBrief No. 040/21
01 March 2021
EU Mandatory Disclosure of Reportable Cross-Border Arrangements (DAC6)
Tax and Duty Manual Part 33-03-03 - EU Mandatory Disclosure of Reportable Cross-Border Arrangements - has been updated as set out below.
The guidance on the specified information reporting requirements has been updated as follows:
- The practice of allowing an intermediary not to disclose information about a person to whom they made a reportable cross-border arrangement available, where the person indicated that they would not be proceeding with it, has been removed.
- Further detail has been issued on the required disclosure standard in respect of the following specified information:
- the summary of the content of the cross border arrangement,
- the national provisions forming the basis of the cross border arrangement, and
- Member State(s) likely to be concerned by an arrangement.
Further guidance has also been issued on the following topics:
- The meaning of "may reasonably expect" in the application of the Main Benefit Test.
- The meaning of “knows or could be reasonably expected to know” in the context of a whether a secondary intermediary has a reporting obligation.
A more detailed summary of the material updates is included in Appendix V to the TDM.