EU Country Implementation Table – Directive 2018/822 (DAC6)

© TP News. 2020. All rights reserved. Last updated September 15, 2020. On May 25, 2018, the Council of the European Union formally adopted Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements. The Directive (commonly known as DAC6) requires member states to implement rules requiring intermediaries (such as lawyers, law firms, accountants, auditors, banks etc.) and relevant taxpayers (i.e. where there is no intermediary or where professional secrecy privilege applies) to report information on certain cross-border tax arrangements to the tax authority. Those tax arrangements must be reported which indicate a potential risk of tax avoidance. This is understood by reference to five Categories of hallmarks, some of which need to satisfy the “main benefit test”. The Directive took effect from July 2020. Member states were required to transpose the provisions of the Directive into their domestic tax law by December 31, 2019. Countries highlighted in red are yet to gazette final legislation on DAC6. As on September 15, 2020, Cyprus and Spain have issued draft legislation on DAC6 but are yet to finalize the same. COVID-19 deferral: To address the severe disruptions created by the COVID-19 pandemic, the EU will allow more time to comply with rules on cross-border information reporting. The EU Council has adopted an amendment to allow member states an option to defer by up to 6 months the time limits for the filing and exchange of cross-border arrangements. Most member states have announced a six-month extension. The extensions granted by individual member states are noted below. This page will be continuously updated to reflect latest developments in this regard. Click here for an overview of the DAC6 Country Implementation Report 2020. Please contact us at editor@transferpricingnews.com if you would like to purchase a copy of the Report. Below is a table setting out implementation status of the Directive in each EU Member State. The table is regularly updated to reflect changes and developments.
Austria	On October 22, 2019, the Government gazetted Law to require taxpayers/intermediaries to report information on certain tax arrangements. Domestic arrangements are not included. No new hallmarks have been specified. See Explanatory Notes Deferral applies until October 31, 2020
Belgium	On December 30, 2019, the Belgian Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
Bulgaria	On December 31, 2019, the Bulgarian Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Croatia	On December 11, 2019, the Croatian Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Cyprus	On October 22, 2019, the Finance Ministry issued draft Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Czech Republic	On August 14, 2020, the Czech Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Denmark	On December 28, 2019, the Danish Government gazetted Law to introduce rules requiring taxpayers/intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
Estonia	On December 21, 2019, the Estonian Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Finland	On December 30, 2019, Finland’s President signed Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Guidance
France	On October 22, 2019, the Government gazetted Law to require taxpayers/intermediaries to report information on certain tax arrangements. Domestic arrangements are not included. No new hallmarks have been specified. See Guidance COVID-19: 6-month extension applies
Germany	On December 30, 2019, the German Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Guidance
Greece	On July 31, 2020, the Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Explanatory Memorandum COVID-19: 6-month extension applies
Hungary	On July 23, 2019, Hungary gazetted law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
Ireland	On January 3, 2020, the Government gazetted Finance Act, 2019, which contains provisions to require taxpayers/intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
Italy	On July 30, 2020, the Government published Law to requiring taxpayers/intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Latvia	On March 5, 2020, the Government adopted law requiring taxpayers/intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Lithuania	In July 2019, the Government adopted law requiring taxpayers/intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
Luxembourg	On March 26, 2020, the Government gazetted Law requiring taxpayers/intermediaries to report information on certain tax arrangements. Domestic arrangements are not included. No new hallmarks have been specified. See English translation of the DAC6 legislation See Guidance COVID-19: 6-month extension applies
Malta	On December 17, 2019, the Maltese Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Netherlands	On December 27, 2019, the Dutch Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See FAQs See FAQs in English See Guidance COVID-19: 6-month extension applies
Poland	Mandatory disclosure rules are effective from January 1, 2019. See Explanatory Notes COVID-19: 6-month extension applies
Portugal	On July 21, 2020, the Portuguese Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Romania	On January 31, 2020, the Romanian Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. COVID-19: 6-month extension applies
Slovakia	On October 14, 2019, the Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. Domestic arrangements are not included. No new hallmarks have been specified. See Explanatory Memorandum COVID-19: 6-month extension applies
Slovenia	Mandatory disclosure rules were published in the Official Gazette of June 7, 2019 and entered into force on June 22, 2019. Domestic arrangements are not included. No new hallmarks have been specified. See Guidance (downloadable link) COVID-19: 6-month extension applies
Spain	On May 12, 2020, Spain’s Council of Ministers approved draft Law to require taxpayers/intermediaries to report information on certain tax arrangements. Domestic arrangements are not included. No new hallmarks have been specified.
Sweden	On June 5, 2020, the Swedish Government gazetted Law to require taxpayers/ intermediaries to report information on certain tax arrangements. See Guidance COVID-19: 6-month extension applies
United Kingdom	On January 13, 2020, Regulations requiring taxpayers/ intermediaries to report information on certain tax arrangements were laid before Parliament. See Guidance COVID-19: 6-month extension applies