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DE - German draft bill about the disclosure of certain Tax Arrangements

10/05/2019

On 30 January 2019, the German Ministry of Finance has introduced a draft bill for the implementation of EU Mandatory Disclosure Rules – DAC 6.

The bill implements DAC 6 into domestic legislation and also introduces an obligation to report specific domestic tax planning arrangements. The draft bill partly mirrors the text of DAC 6. An intermediary is required to report cross-border tax arrangements that contain specific hallmarks laid down in the draft. Reported data will automatically be exchanged with the tax authorities of the other Member States. In line with the requirements of DAC 6, information on arrangements the first step of which was implemented between June 25, 2018 and July 1, 2020 is to be submitted within two months of June 30, 2020. As from July 1, 2020, arrangements must be reported to the Federal Central Tax Office within 30 days of the day when the arrangement is made available for implementation, is ready for implementation, or when the first step in its implementation has been made, whichever occurs first. An intentional or careless violation of the obligation to report qualifying cross-border arrangements will incur a penalty of up to EUR 25,000 if the first step is implemented after June 30, 2020.

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