Folajimi FJ Akinla (PwC) reviews a recent CJEU ruling which curtails the DAC 6 notification obligation concerning certain tax planning cross-border arrangements.
By Council Directive 2011/16/EU (‘Directive’) the EU established measures for cooperation and exchange of information between tax authorities of member states. The Directive was subsequently amended by Directive 2018/822 to counter the effects of base erosion and harmful tax practices. Article 8ab of the amended Directive imposed reporting obligations on intermediaries (anyone who designs markets organises or makes available for implementation or manages the implementation of a reportable cross-border arrangement) to provide information on reportable arrangements to competent tax authorities. The amendment also allowed member states to waive the reporting obligations for lawyers bound by legal professional privilege. However in such instances the lawyers still had notification obligations – to notify other intermediaries or in the absence of any the...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Folajimi FJ Akinla (PwC) reviews a recent CJEU ruling which curtails the DAC 6 notification obligation concerning certain tax planning cross-border arrangements.
By Council Directive 2011/16/EU (‘Directive’) the EU established measures for cooperation and exchange of information between tax authorities of member states. The Directive was subsequently amended by Directive 2018/822 to counter the effects of base erosion and harmful tax practices. Article 8ab of the amended Directive imposed reporting obligations on intermediaries (anyone who designs markets organises or makes available for implementation or manages the implementation of a reportable cross-border arrangement) to provide information on reportable arrangements to competent tax authorities. The amendment also allowed member states to waive the reporting obligations for lawyers bound by legal professional privilege. However in such instances the lawyers still had notification obligations – to notify other intermediaries or in the absence of any the...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
