Update on the planned obligation to disclose tax arrangements (DAC 6)
EU member states are obliged to implement the requirements for the mandatory disclosure of cross-border tax arrangements by the end of 2019 and these regulations will then have to be complied with as of 1.7.2020. The legal basis for this is the sixth amendment to the EU mutual assistance directive 2011/16/EU, which came into force on 25.6.2018 (“Directive on Administrative Cooperation“, or abbreviated to DAC 6). The Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) presented a draft bill from 30.1.2019 that regulates the implementation of the EU Directive into German law. However, the bill goes beyond the regulatory content of the EU Directive because domestic tax arrangements would also fall under the disclosure requirement. In the following section we give an overview of the planned new regulations together with initial recommendations for action.