DAC3/BEPS Action 5

Scope and information to be exchanged

Exchange of rulings - Council Directive (EU) 2015/2376 (DAC3)

DAC3 requires European Union (EU) Member States to exchange information on advance cross-border rulings and Advance Pricing Agreements (APAs) that are provided to companies and other entities. This is in respect of all taxes except Value-Added Tax (VAT), customs duties, excise duties and compulsory social security contributions. Advance cross-border rulings that exclusively concern the tax affairs of an individual are specifically excluded.

For further information, please refer to Tax and Duty Manual Part 35-00-01.

Exchange of rulings – Base Erosion and Profit Shifting (BEPS) Action 5

BEPS Action 5 provides for the exchange of information on certain categories of taxpayer-specific rulings. These rulings apply to pre- and post-transaction rulings. Taxpayer-specific rulings are defined as rulings that apply to a specific taxpayer and on which that taxpayer is entitled to rely.

There are several categories of rulings that are subject to compulsory spontaneous exchange of information under the Organisation for Economic Co-operation and Development (OECD) framework. For further information, please refer to Tax and Duty Manual Part 35-00-01.

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