Category Archives: DAC6

DAC6 is a new regulation that requires intermediaries to comply with mandatory transparency rules and hallmarks. Read the latest guidance on the Directive and get updates on our DAC6 training.

DAC6 compliance – Category C: Specific hallmarks relating to cross-border transactions – which transactions should you be aware of?

On 25 May 2018, the Economic and Financial Affairs Council of the European Union (ECOFIN) adopted the 6th Directive on Administrative Cooperation (the “DAC6”), requiring so-called tax intermediaries to report certain cross-border arrangements that contain at least one of the hallmarks as defined in DAC6.

Within DAC6, there are five different hallmark categories that represent an indication that a transaction may have a potential risk of tax avoidance.

This blog will focus on the category B hallmarks which are classified as generic hallmarks, and may include one of the following:

1. Cross Border Payments – Deductible cross border payments in certain cases where one of the following occurs:

a. The recipient is not a tax resident in any jurisdiction.

b. The recipient is a tax resident in a jurisdiction with zero or near zero corporate tax rate.

c. The recipient is included in a list of third-country states considered non-cooperative by EU Member states or the OECD.

d. The payment has a full tax exemption in the jurisdiction of the resident.

e. The payment benefits from a preferential tax regime where the recipient is resident.

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DAC6 compliance – Category B: Specific hallmarks – which transactions should you be aware of?

On 25 May 2018, the Economic and Financial Affairs Council of the European Union (ECOFIN) adopted the 6th Directive on Administrative Cooperation (the “DAC6”), requiring so-called tax intermediaries to report certain cross-border arrangements that contain at least one of the hallmarks as defined in DAC6.

Within DAC6, there are five different hallmark categories that represent an indication that a transaction may have a potential risk of tax avoidance.

This blog will focus on the category B hallmarks which are classified as generic hallmarks, and may include one of the following:

  1. Acquiring loss-making companies: Trading in loss-making companies to reduce tax liability.
  2. Income conversion: Conversion of income into lower-taxed revenue streams.
  3. Circular transactions: An artificial transaction between companies in a group, or under single control, the purpose of which is to inflate the turnover of one or more of the companies.
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DAC6 training and reporting tools

DAC6 training flowchart screenshot
The DAC6 interactive flowchart allows users to gain a clear understanding of which hallmarks and categories they are required to report on

The Economic and Financial Affairs Council of the European Union (ECONFIN) adopted the 6th Directive on Administrative Cooperation (“DAC6”) requiring tax intermediaries to report certain cross border arrangements.

The new EU rules which aim to clamp down on aggressive tax planning are set to impose a huge compliance burden on taxpayers and their advisers, potentially even in circumstances where there is no tax benefit at all.

VinciWorks’ DAC6 course, DAC6: Fundamentals, will help all entities who may be considered tax intermediaries develop an understanding of DAC6. The course follows a flow-chart navigation and includes example scenarios to help users understand DAC6. VinciWorks also offers a DAC6 reporting tool to help intermediaries easily keep track of and report cross-border transactions.

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Poland becomes first country to incorporate DAC6 into local legislation

Polish Parliament
Poland has brought DAC6 into national law well ahead of schedule, meaning some businesses will already have to comply with DAC6

On 25 May 2018, the Economic and Financial Affairs Council of the European Union (ECOFIN) adopted the 6th Directive on Administrative Cooperation (the “DAC6”), requiring so-called tax intermediaries to report certain cross-border arrangements.

The deadline for each EU Member State to transpose the Directive into national law and legislation is 31 December 2019.

On 31 January 2019, Poland’s Finance Ministry (MOF) published a 102-page guidance document on the country’s new tax reporting requirements which apply retroactively from 1 January 2019, and these included the implementation of DAC6. This is earlier than the 1 July 2020 obligation as stipulated in DAC6, therefore anyone dealing with Polish transactions should ensure they have DAC6 reporting measures in place already.

Free download: DAC6 guide to compliance

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Upcoming webinar: DAC6 — Understanding tax disclosure requirements

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The Economic and Financial Affairs Council of the European Union (ECONFIN) has adopted the 6th Directive on Administrative Cooperation (“DAC6”), requiring tax intermediaries to report certain cross border arrangements. Under DAC6, intermediaries may be required to submit all cross-border transactions and backdate them when member states publicise their requirements.

In our upcoming webinar, Legal and Research Executive Ruth Cohen and Director of Best Practice Gary Yantin will help dissect the new regulation and give guidance on reporting and training requirements under DAC6.

Register now

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DAC6: Will you need to report?

The EU has introduced a new law that imposes mandatory disclosure requirements for certain cross-border transactions. Known as DAC6, the law requires intermediaries to report cross-border tax planning arrangements which involve at least one EU Member State, where the transaction falls into a number of hallmarks. This means businesses will be required to:

  • Monitor cross-border arrangements
  • Assess reportability of arrangements
  • Identify correct tax authority
  • Report arrangements to local tax authority

As the August 2020 reporting deadline approaches, we’re seeing varying degrees of awareness and compliance among firms and intermediaries.

Since most cross-border arrangements have potential tax implications, how are you assessing which ones will require reporting? Are you proactively documenting every single cross-border deal just to be safe? Some firms are requiring lawyers to indicate DAC6 relevant transactions when they open a case file. Others are wondering which deals are relevant, while some are just learning about the reporting requirements.

VinciWorks has designed a DAC6 risk assessment to help intermediaries understand the risk exposure of their cross-border transactions.

Take the DAC6 risk assessment

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Your guide to DAC6

DAC6 guide cover

On 25 May 2018, the Economic and Financial Affairs Council of the European Union (ECOFIN) adopted the 6th Directive on Administrative Cooperation (the “Directive”), requiring so-called tax intermediaries to report certain cross-border arrangements that contain at least one of the hallmarks as defined in the Directive. The new EU rules which aim to clamp down on aggressive tax planning are set to impose a huge compliance burden on taxpayers and their advisers, potentially even in circumstances where there is no tax benefit at all.

VinciWorks has published a guide to help businesses better understand DAC6.

The guide covers:

  • The purpose and scope to the Directive
  • Who the Directive applies to and which transactions must be reported
  • The hallmarks that must be met in order to require reporting and an explanation of relevant terms relating to each hallmark
  • Guidance on preparation for DAC6
  • Advice and tools for reporting cross-border arrangements
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