New proposals for intermediaries to disclose potentially aggressive tax planning arrangements and for tax administrations to exchange information.
As previously trailed, on 21 June the European Commission published proposals for mandatory automatic exchange of information in relation to certain cross-border tax arrangements. This would take the form of an amendment to the Directive on Administrative Cooperation in the field of taxation (the DAC) and introduces an obligation on intermediaries to disclose “potentially aggressive tax planning arrangements” and also the means for tax administrations to exchange information on these structures. The UK already has a comprehensive mandatory disclosure regime. These proposals have the potential to widen the reach of the UK regime significantly but practical impact remains to be seen.
The Directive is intended to apply from 1 January 2019 with the first information exchange being at the end of the first quarter of 2019. Member States are also expected to require disclosure of reportable arrangements implemented between the date “when political agreement is reached” and 31 December 2018, by 31 March 2019. Brexit may impact on this, particularly in relation to the information exchange leg of the Directive. At the same time, if the Government extends the UK regime to incorporate the EU directive it is perhaps difficult to see them withdrawing these changes post-Brexit.
Further details on the proposals can be found in a Euro Tax Flash prepared by KPMG’s EU Tax Centre.
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