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

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Last updated November 15, 2019.

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 takes effect from July 2020. Member states are required to transpose the provisions of the Directive into their domestic tax law by December 31, 2019.

As on date, Austria, France, Hungary, Lithuania, Poland, Slovak Republic, and Slovenia have already adopted rules in this regard. Some member states have issued draft legislation and are expected to finalize tax rules by December 31, 2019. Greece, Latvia, Malta, and Romania have not taken any step so far.

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.

To purchase a copy of the full DAC6 Country Implementation Report 2019, please write to us at editor@transferpricingnews.com