Each EU Member State had until 31 December 2019 to transpose the Directive into local laws and legislation. A letter of formal notice was issued by the EU Commission to 15 EU Member States detailing the infringements of DAC6 application into local law.

We are publishing a series of guides on how each EU member state is implementing DAC6. Our next guide focusses on Ireland’s implementation of DAC6.

Has Ireland implemented DAC6?

Legislation Details

Ireland’s tax authority, the Irish Tax and Customs, published the Irish DAC6 legislation on 3 January 2020. The legislation is called Finance Act no. 45 / 2019, Chapter 3A – Implementation of Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements.

Taxes covered

Irish legislation covers cross-border arrangements. The legislation is in line with the EU Directive and does not include domestic arrangements or any additional hallmarks, however, the DAC6 legislation operates in addition to the domestic mandatory disclosure regime introduced in Ireland in 2011.

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HMRC has published its ‘final guidance’ on how DAC6 will operate in the UK. It includes details on the interpretation of the hallmarks, penalties and reasonable excuses.

Click here to download HMRC’s DAC6 guidance

This guidance is an update to the draft that HMRC published in March 2020. Although the guidance is ‘final’, HMRC have noted that “there are still a small number of updates to this guidance which are pending and will be made in the coming weeks”.

If you are familiar with the guidance from March, you can download a comparison between the draft and final DAC6 guidance.

Each EU Member State had until 31 December 2019 to transpose the Directive into local laws and legislation. A letter of formal notice was issued by the EU Commission to 15 EU Member States detailing the infringements of DAC6 application into local law.

We are publishing a series of guides on how each EU member state is implementing DAC6. Our next guide focusses on Belgium’s implementation of DAC6.

Has Belgium implemented DAC6?

Legislation Details

The Federal Public Service FINANCE (Ministry of Finance) published the Belgian DAC6 legislation on 21 December 2019. The legislation is called Loi transposant la Directive (UE) 2018/822 du Conseil du 25 mai 2018 modifiant la Directive 2011/16/UE en ce qui concerne l’échange automatique et obligatoire d’informations dans le domaine fiscal en rapport avec les dispositifs transfrontières devant faire l’objet d’une déclaration.

Taxes covered

Belgian legislation covers cross-border arrangements. The legislation is in line with the EU Directive and does not include domestic arrangements or any additional hallmarks.

Download full country profile

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Updated 1 July 2020

On 3 June, 2020, Member State representatives reached an agreement to allow an optional six-month deferral of reporting deadlines for DAC6.

On 19th June 2020, the European Parliament voted in favour of the EU Commission’s proposed deferral and on 24th June the European Union Council approved the postponement.

What is the next step towards a DAC6 postponement?

It is now up to each EU member state to decide if they will avail themselves of the optional deferral. It seems likely that most member states will defer and many have already announced their intentions.

What is the new DAC6 timeline?

• Historical arrangements where first steps were implemented between 25 June 2018 and 30 June 2020: Optional deferral until 28 February 2021
• First transfer of information between EU Member States: 30 April 2021
• New arrangements where the reporting triggers are met between 1 July 2020 and 31 December 2020: The 30 day filing period begins 1 January 2021
• Marketable Arrangements: First periodic report expected by 30 April 2021

Countries deferring DAC6

The following countries have announced their intentions to avail themselves of this optional extension now that it has been approved by the European Council.

• Belgium has postponed reporting by six months
• Luxembourg intends to postpone
• UK‘s HMRC has postponed DAC6 reporting by the full 6 months
• Ireland has postponed by 6 months
• The Netherlands have postponed by 6 months
• Sweden and Hungary plan to postpone with more guidance forthcoming
• France plans to postpone by 6 months
• Poland has postponed as for intermediaries until 31 July 2020, for taxpayers until 16 August 2020 and for supporters until 31 August 2020.

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