The EU-UK Trade & Cooperation Agreement (TCA) includes a commitment from the UK to uphold the standards and rules which have been agreed at OECD level, among others, in relation to the exchange of information on cross-border tax arrangements. However, this does not include DAC6.
As the UK has only committed to comply with the OECD information exchange standard, the UK is not required to implement DAC6. Therefore, the following applies in the UK:
As mentioned, the hallmarks D remain applicable in the UK:
In practice, these hallmarks are generally not relevant for operating companies.
As mentioned above, the UK will not implement DAC6 and therefore, UK entities have no DAC6 reporting obligations in the UK (with the exception regarding the hallmarks D). However, specifically, the following categories of arrangements remain reportable:
Based on the above, UK companies may still have reporting obligations in the UK under hallmarks D. Furthermore, arrangements between UK and EU entities are still in scope of DAC6 but such arrangements must be reported by the EU companies involved.