DAC 6 reporting: new relaxation of reporting requirements
08 February 2021
In implementation of the DAC6 obligations, companies are required to report cross-border tax arrangements with a potential risk of tax avoidance to the tax authorities via the MyMinfin DAC6 portal since 25 June 2018.
First postponement of reporting
Due to the COVID-19 pandemic, companies were granted a postponement for their reporting:
- until 31 January 2021 for structures set up in the period from 1 July 2020 to 31 December 2020
- until 28 February 2021 for structures set up in the period from 25 June 2018 to 30 June 2020.
For tax arrangements set up as from 1 January 2021, the notification must be made within 30 days.
In the sense of th DAC 6 legislation, "set up" means (a) the day after the notifiable cross-border tax arrangement is made available for implementation or (b) the day after the notifiable cross-border tax arrangement is ready for implementation or (c) the moment the first step in the implementation of the notifiable cross-border tax arrangement has been taken.
The DAC6 portal has been open since 4 January 2021. The tax administration also makes a number of documents available here for reporting purposes, such as the electronic format for reporting, the accompanying manual and validation rules, and an XML tool for preparing the upcoming reporting.
However, during this start-up phase and because of the current health crisis, the Administration wants to allow a new administrative tolerance, whereby the DAC 6 constructions that normally have to be reported in January and February 2021 can be postponed until 28 February 2021. The penalties provided for late submission will therefore not be applied during this period.
Taking into account this tolerance, all tax arrangements set up in the period from 25 June 2018 to 30 January 2021 must be reported by 28 February 2021 at the latest.
For tax arrangements set up as from 31 January 2021, the notification must be made within 30 days.
Do you have questions about the DAC6 obligations? Our tax experts will be happy to assist you with advice and reporting support: