Ireland updates DAC-6 rules on mandatory disclosure of cross-border arrangements

Irish Tax and Customs on March 1 updated its Tax and Duty manual section Part 33-03-03  providing guidance on reportable cross-border arrangements.

The updated guidance removes the practice of allowing an intermediary not to disclose information about a person to whom they made a reportable cross-border arrangement available, where the person indicated that they would not be proceeding with it.

Further detail has been issued on the required disclosure standard for the summary of the content of the cross-border arrangement; the national provisions forming the basis of the cross-border arrangement, and Member States likely to be concerned by an arrangement.

Further guidance has also been issued on the meaning of “may reasonably expect” in the application of the main benefit test and the meaning of “knows or could be reasonably expected to know” in the context of whether a secondary intermediary has a reporting obligation.