DAC6 EU Member States implementation: updated country-by-country guide

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VinciWorks in collaboration with Transfer Pricing Services have updated their DAC6 country-by-country guide. This is the only consolidated DAC6 guide of this nature available.

What is the DAC6 country-by-country implementation guide?

This important piece of guidance provides intermediaries and taxpayers with the most relevant updated information on how DAC6 legislation has been implemented across EU Member States and in the UK.

What is included in the country-by-country guide?

The country-by-country guide includes the following information for each EU Member State and the UK:

Tax Authority and Legislation – This section includes the name and contact details of the national tax authority and a link to the locally implemented DAC6 legislation, together with additional guidance where available. The current status of the legislation is also listed, including the date of publication and details of any expected legislative amendments.

Legislative Details – This section includes details of the types of taxes covered by local DAC6 legislation, and details where these have a wider scope than the EU Directive, such as domestic arrangements or details of additional hallmarks.

Main Benefit Test – Under the EU Directive, the definition of main benefit test is very broad. This section includes local interpretations of the main benefit test and definitions of tax advantage in each EU Member State.

Legal Professional Privilege (LPP) – Under the EU Directive, each EU Member State has a right to take the necessary measures to exempt reporting when legal professional privilege applies under national laws. This section investigates the LPP exemption in each EU Member State.

Form of Reporting – The information reported to each EU Member State will be contributed to a central EU directory accessible by the competent tax authorities. This section looks at the form of reporting, including the reporting language required and any timelines that deviate from the EU Directive.

Penalties – Under the EU Directive, each EU Member State can lay down their own rules on penalties; however, these must be effective, proportionate and dissuasive. This section explains the types and ranges of penalties implemented under national laws.

Additional Guidance – This section includes links to the guidelines, opinions, explanatory memorandums and other legislative documents released by EU Member States that are important for providing clarity on local implementation.

What is new in the updated country-by-country guide?

DAC6 guide to country-by-country implementation
  1. Direct links to all available EU Member State legislation, allowing you to collect DAC6 information in each jurisdiction directly from the source.
  2. Clear definitions of the “main benefit test” and “tax advantage” in each EU Member State. This is critical information in order to make accurate determinations for reporting in each jurisdiction.
  3. Updated details of legal professional privilege exemptions including scope and limitations.
  4. Up-to-date information about forms of reporting, including languages and reporting formats.
  5. Additional guidance section with direct links to correspondences, consultations, explanatory memorandum, draft laws and opinions.
  6. This concise country-by-country guide is the only guide of this nature available.

Contact us to learn more, or preview the guide here.