In March 2018, the OECD published the Model Mandatory Disclosure Rules (MDR) for CRS Avoidance Arrangements and Opaque Offshore Structures. In June 2018, the EU published a new directive on Mandatory Disclosure Rules for intermediaries (DAC6).

Both publications concern mandatory disclosure requirements to fight against aggressive tax arrangements and opaque structures. Consequently, financial intermediaries must identify, document and report such arrangements. They will face penalties in case they do not comply.

The DAC6 directive applies from 1 July 2020 with retroactive effect: The Directive entered into force in June 2018 and between its entry into force (June 25, 2018) and the date on which the Directive takes effect (July 1, 2020), reportable arrangements must be disclosed. From August 2020, financial intermediaries shall communicate the data to their competent tax authorities. Some non-EU countries may also implement mandatory disclosure rules, based on OECD’s MDR.

UPDATE: The European Commission  has decided to postpone the dealine for the reporting of certain cross-border tax arrangements due to the Coronavirus pandemic. There is a defferal by three months with the possibility of another 3-months deferral. The prosposed measures only affect the deadlines for reporting obligations. Please finde below the changes made by the European Commission:

  • Cross-border arrangements from July 1, 2020, do not have to be reported by July 31, 2020. The deadline has been postponed to October 1, 2020
  • For the reporting of "historical" cross-border tax arrangements (affecting those cross-border tax arragements that have been made between June 25, 2018, and July 1, 2020), the deadline has been changed to November 30, 2020. Previously, the deadline was August 31, 2020.

Regnolgy’s DAC6/MDR module offers functionalities to help intermediaries such banks, assets managers, financial advisors, among others, to meet Mandatory Disclosure Rules (MDR) to comply with DAC6/MDR obligations.