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The EC’s proposed reporting rules on cross-border tax planning

Hatice Ismail, Martin Shah and Gary Barnett (Simmons & Simmons) review the EC’s proposal for a directive to impose mandatory reporting obligations on intermediaries and taxpayers involved in certain cross-border tax planning arrangements.
 

Why has the Commission proposed the new rules?

The Commission proposal for the introduction of mandatory disclosure and automatic exchange of information concerning cross-border tax planning arrangements should be seen in the light of the Commission’s wider tax transparency initiative. Under this initiative member states have already agreed to automatically exchange information on tax rulings and on multinationals’ country by country reports. The Commission has also proposed public country by country reporting for multinationals although this has not yet been adopted. As such the new proposal is the latest in a line of tax transparency initiatives.

In addition the OECD BEPS project recommended that countries should introduce mandatory disclosure requirements for...

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