Examples of DAC 6 in a sentence
As an EEA client, you shall determine whether or not you have any reporting obligations arising from a proposed or consummated Transaction due to the operation of Council Directive (EU) 2018/822 (commonly known as Mandatory Disclosure Rules or DAC 6) as implemented into local laws and, where a proposed or consummated Transaction is reportable, You shall file or instruct an advisor to file a report to the extent required under DAC 6 laws.
Subject to the implementation of DAC 6 in the relevant Member States, the ACD, investors in the Sub-Funds, or any person that has advised or assisted could be legally obliged to file information in relation to the Sub-Funds and its activities with the competent authorities with a view to an automatic exchange of such information with other Member States.
The Management Company may qualify as an intermediary for DAC 6 purposes and may therefore be required to file information on cross border arrangements which may qualify as reportable.
The SICAV may thus have to make such reporting if it identifies arrangements which fall in the scope of the DAC 6 Law and may thus have to collect and process certain information about Shareholders.
DAC 6 imposes a reporting obligation on parties involved in transactions (so called “Arrangements”) with an EU cross-border element that may be associated with aggressive tax planning, i.e. triggering a “Hallmark”.
DAC 6 provides for a mandatory disclosure of certain cross- border arrangements by intermediaries or relevant taxpayers to the tax authorities and mandates automatic exchange of this information among EU member states.
DAC 6 has been implemented into Luxembourg law on 25 March 2020 (the “DAC 6 Law”) and is applicable as of 1 July 2020.
DAC 6 requires financial intermediaries to report to their local tax authorities any cross border arrangements meeting one or more criteria (so-called “hallmarks”) listed in the Directive.
Following the UK’s exit from the EU on 31 December 2020, the International Tax Enforcement (Disclosable Arrangements) (Amendment) (No. 2) (EU Exit) Regulations 2020 were introduced, pursuant to which the UK disapplied the majority of the DAC 6 hallmarks, however, in certain circumstances DAC 6 disclosures will need to be made to HMRC.
However, in certain circumstances DAC 6 disclosures may still need to be made to HMRC and information exchanged by or with it.