On 5 June, 2018, the amended directive on administrative cooperation in the field of taxation (DAC 6), which introduces new mandatory disclosure rules for intermediaries, was published in the Official Journal of the European Union. It will enter into force on 25 June, 2018.
Member States are required to adopt and publish the laws, regulations, and administrative provisions necessary to comply with the directive by 31 December, 2019 at the latest. The provisions will apply from 1 July, 2020.
However, Member States must also take the necessary steps to require intermediaries and relevant taxpayers to disclose information on cross-border arrangements, the first step of which was implemented between its entry into force (25 June, 2018) and its date of application (1 July, 2020). Information on these reportable arrangements will have to be reported by 31 August, 2020.
KPMG Luxembourg comments
The date of entry into force is particularly important as the directive will be effective from that date. In other words, despite the July 2020 application date and the first reports being due only in August 2020, intermediaries and relevant taxpayers will be required to file information on reportable cross-border arrangements taking place on or after 25 June, 2018. Thus, it may be worth considering collecting the necessary information as early as that date—which is later this month.
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