JHA | EU Council Directive proposal to prevent cross-border tax planning

EU Council publishes proposal for draft Directive (DAC6) to prevent potentially aggressive cross-border tax planning

March 26, 2018

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The new Directive aims to amend Directive 2011/16/EU, which concerns administrative cooperation in the field of taxation. The proposed legislation places an obligation on intermediaries to report on potentially aggressive tax planning arrangements.

While the existing tax instruments at EU level do not contain explicit provisions requiring Member States to exchange information in the case of tax avoidance and/or evasion schemes, DAC contains a general obligation for the national tax authorities to spontaneously communicate information to the other tax authorities within the EU.

The new reporting requirements have an effective date of 1 July 2020, with EU Member States obliged to exchange information every three months after that. The first exchange will take place by 31 October 2020.

This article appears in the JHA March 2018 Tax Newsletter, which also features:

    1. Danish Beneficial Ownership Cases – AG’s Opinions Support the Taxpayers
    2. C-533/16 – Volkswagen AG wins preliminary ruling on ‘right to deduct VAT’

You can download the whole newsletter as a PDF: March 2018 – Newsletter

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