Revenue eBrief No. 040/21

01 March 2021

EU Mandatory Disclosure of Reportable Cross-Border Arrangements (DAC6)

Tax and Duty Manual Part 33-03-03 - EU Mandatory Disclosure of Reportable Cross-Border Arrangements - has been updated as set out below.

The guidance on the specified information reporting requirements has been updated as follows:

• The practice of allowing an intermediary not to disclose information about a person to whom they made a reportable cross-border arrangement available, where the person indicated that they would not be proceeding with it, has been removed.
• Further detail has been issued on the required disclosure standard in respect of the following specified information:
  • the summary of the content  of the cross border arrangement,
  • the national provisions forming the basis of the cross border arrangement, and
  • Member State(s) likely to be concerned by an arrangement.

Further guidance has also been issued on the following topics:

• The meaning of "may  reasonably expect" in the application of the Main Benefit Test.
• The meaning of “knows or could be reasonably expected to know” in the context of a whether a secondary intermediary has a reporting obligation.

A more detailed summary of the material updates is included in Appendix V to the TDM.