New Reporting Obligations for Tax Intermediaries (DAC 6) - Reportable or not reportable... That is the question

Briefing 28032019
14/11/2018

New Reporting Obligations for Tax Intermediaries (DAC 6) - Reportable or not reportable... That is the question

On 25 May 2018, the ECOFIN Council adopted DAC6 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.
While today some advisers take the approach that most if not all advice should be reportable, the question is whether this is the right approach. In our briefing, we will carefully analyse when cross-border arrangements should reasonable be reportable and how to deal with this topic in practice. 

Our agenda will include:

1. Background

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 allmarks of reportable arrangements

Hallmarks that need to meet the main benefit test; Hallmarks that do not need to meet the main benefit test 

4. The main benefit test

The importance of the main benefit test; Considering commercial reasons and business purpose; The wider impact of the asseessment

5. Determining reportable cross-border arrangements

6. Best practice recommendations

The technical presentation will be followed by a panel discussion. 

ATOZ Speaker