ATOZ Briefing - The new reporting obligations of tax intermediaries (DAC 6): Reportable or not reportable... That is the question

Briefing 28032019
07/11/2019

The new reporting obligations of tax intermediaries (DAC 6): Reportable or not reportable... That is the question

On 8 August 2019, a draft law implementing DAC 6 has been released by the Luxembourg legislator which requires tax intermediaries to report cross-border arrangements that contain at least one of the hallmarks (that are characteristics or features of a cross-border arrangement) defined in the Directive. It is common knowledge that the investments and business activities of Luxembourg companies often have a cross-border dimension. In all these cases, the question needs to be answered as to whether a particular piece of advice is reportable or not. While today some advisers take the approach that most if not all advice should be reportable under DAC 6, the question is whether this is the right approach. In our briefing, we will analyse when cross-border arrangements should be reportable and how to deal with the new reporting obligations in practice.

Our agenda will include:

1. Overview
2. The new reporting regime
Scope of the reporting obligations, information to be reported, parties responsible for the reporting and penalties, timing aspects)
3. Analysing the hallmarks of reportable arrangements
4. The main benefit test («MBT»)
The importance of the MBT as a threshold requirement, practical guidance on the application of the MBT
5. Determining reportable cross-border arrangements
6. Best practice recommendations

 

Speaker:

Oliver R. Hoor

ATOZ Speaker