Tax Blog

Our tax blog is dedicated to CFOs, Tax Directors and Business Owners looking to improve profitability, grow their business or implement a succession plan. At Armanino, we see the tax function as a key strategic tool—as nothing less than a vital means of moving you and your company forward. While we excel in making sure our clients meet regulatory requirements—both domestic and global—that just scratches the surface of what we do.

May 12, 2020

DAC6 Reporting Requirement for All Cross-Border Tax Arrangements Postponed

Posted by COVID-19 Rapid Response Team

DAC6 is an EU Council Directive 2011/16 in relation to reporting requirements for all cross-border tax arrangements. It has been in force since June 25, 2018, promoting transparency and fairness in taxation. DAC6 applies to cross-border tax arrangements that meet one or more specified characteristics (hallmarks) and that concern either more than one EU country or an EU country and a non-EU country.

It mandates a reporting obligation for these tax arrangements, if in scope, no matter whether the arrangement is justified according to national law. It applies to companies with EU nexus and intermediaries such as tax advisers, lawyers and accountants that design, promote or provide assistance in regard to certain cross-border arrangements. When the intermediaries are bound by professional secrecy, or in the absence of intermediaries, the reporting obligations are generally shifted to the taxpayer.

DAC6 requires taxpayers to file information with their national tax authority within 30 days of the first of the following dates:

  • on the day after the reportable cross-border arrangement is made available for implementation; or
  • on the day after the reportable cross-border arrangement is ready for implementation; or
  • when the first step in the implementation of the reportable cross-border arrangement has been made; or
  • (only when an intermediary is involved) when the intermediary provided aid, assistance or advice.

Because of COVID-19, the reporting dates have been extended by 3 months. The extension:

  • Changes the date for the beginning of the 30-day period for reporting cross-border arrangements from July 1, 2020, to October 1, 2020.
  • Changes the date for the reporting of cross-border arrangements that became reportable from June 25, 2018, to June 30, 2020, (the so-called “historical” arrangements) from August 31, 2020, to November 30, 2020.
  • Changes the date for the first exchange of information on reportable cross-border arrangements from October 31, 2020, to January 31, 2021.

We’re Here to Help

We’re closely monitoring the hour-by-hour changes, and we will send out updates as they become available. Reach out to our experts if you need further information on this topic.

« | »