Disclosure of information in relation to “reportable cross-border arrangements”

What is DAC 6?

DAC 6 refers to the EU Directive 2018/822 (“DAC 6”) amending the EU Directive 2011/16. It represents the sixth amendment to the EU Directive on Administrative Co-operation. In Luxembourg, the Directive has been transposed into Luxembourg law on 25 March 2020 (the “DAC 6 Law”).

DAC 6 concerns mandatory disclosure of information in the field of taxation in relation to a reportable cross-border arrangement by an “EU intermediary” or, where applicable, by the “relevant taxpayer”.

The stated purpose of DAC 6 is to enhance transparency, reduce uncertainty over beneficial ownership and dissuade intermediaries from designing, marketing and implementing harmful tax structures.


How does it impact the Bank?

A Bank qualifying as “intermediary” for the purpose of DAC 6 has a legal obligation to disclose to the Luxembourg tax authorities, on a case-by-case basis, information on each reportable cross-border arrangement that meets at least one criteria (so-called “hallmark”) listed in the DAC 6 Law. 

What is exactly reported to the local tax authorities?

In accordance with the DAC 6 Law, the Bank reports the following information to the Luxembourg tax authorities:

In return, the Luxembourg tax authorities will allocate to the Bank a reference number to the reported arrangement for DAC 6.

The Luxembourg tax authorities will automatically exchange collected information with the tax authorities of all the other EU member states through a common centralized database.

Reportable cross-border arrangements where the first step was implemented between 25 June 2018 and 1 July 2020 are to be disclosed retrospectively.


How does it impact the Client?

Depending on their own tax legislation, “relevant taxpayers” of a cross-border arrangement which were reported by the Bank, may be required to indicate in their own tax returns the reference number(s) allocated by the Luxembourg tax authorities to the Bank.

A cross-border arrangement disclosed according to the DAC 6 Law neither qualifies as such as a taxable event nor as a sign of illegal behavior.