The new reporting obligations of tax intermediaries (DAC 6): Where are the limits?
DAC 6 requires tax intermediaries (tax advisers, lawyers, accountants, etc.) to report cross-border arrangements that have certain characteristics associated with aggressive tax planning. While some of these hallmarks create automatic reporting obligations, others are subject to a threshold criterion (i.e. the main benefit test). The reporting obligations apply for arrangements implemented as from 25 June 2018. While no draft law is yet available, some advisers in Luxembourg seem to take the position that each and every piece of advice should be subject to reporting. However, is this really the case? What is the exact scope of the reporting obligations and where are its limits? And, how should one deal with this in practice? All these questions will be answered during our lunch seminar.