On January 17, 2020, the Dutch Tax and Customs Administration published frequently asked questions (FAQs) setting out guidance on the application of the EU Directive on mandatory reporting of cross-border tax arrangements (DAC6).
The guidance notes that an intermediary should report a cross-border arrangement to the tax authority unless it has evidence to show that the transaction has been reported by another intermediary, or where the intermediary has a right of non-disclosure.
In case of relevant taxpayers, information must be reported in situations where there is no intermediary, or the intermediary has a right of non-disclosure, the guidance states.
The guidance reiterates the reporting triggers and deadlines as stipulated in the EU Directive.
The guidance notes that the tax authority would soon publish examples to clarify the meaning and application of the hallmarks as stipulated in the EU Directive.
See FAQs on DAC6