Revenue eBrief No. 238/20

23 December 2020

EU mandatory disclosure regime (DAC6) tax and duty manual updated

Tax and Duty Manual Part 33-03-03 - “EU Mandatory Disclosure of Reportable Cross-Border Arrangements” - provides general guidance on the operation of the EU mandatory disclosure regime, which was introduced by Council Directive (EU) 2018/822 (“DAC6”).  Under the EU mandatory disclosure regime, intermediaries and, in certain circumstances, taxpayers, are required to disclose information regarding “reportable cross-border arrangements” to the tax authorities of EU Member States, including Revenue.  The tax authorities then exchange the information they receive on a reciprocal basis.  The Tax and Duty Manual has been updated in a number of respects and, where those updates are material, they are set out in Appendix V.   

The disclosure regime became operational in EU Member States on 1 July 2020.  However, in light of the COVID-19 pandemic, Ireland along with many other Member States, exercised an option given in Council Directive (EU) 2020/876 to defer the first disclosures of information to January 2021.  The deferral period will end on 31 December 2020 and the ROS DAC6 filing portal is scheduled to open on 1 January 2021.