Participants will receive access to the recorded sessions of the course.
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The main purpose of DAC 6 is to improve tax-transparency and tackle potentially aggressive (cross-border) tax-planning arrangements in order to protect the tax base of the E.U. Member States. The implementation of the EU directive means that member states of EU are obliged to implement mandatory disclosure rules for cross-border arrangements. The EU Council Directive 2011/16 (as amended), known as DAC 6, requires “intermediaries” (or potentially, taxpayers) to report, and tax authorities to exchange, information regarding reportable cross-border arrangements, which meet one or more specified characteristics (“hallmarks”), and which concern at least one EU country.
DAC 6 is very broad in scope and, notwithstanding the stated purpose of the measures as described in the recitals to the Directive, DAC 6 also applies to many standard transactions with no particular tax motive. DAC6 imposes mandatory reporting of cross-border arrangements, affecting at least one Member State, where the said arrangements fall within one of a number of specified “Hallmarks”. The use of the words, “affecting at least one Member State”, means that the reportability of arrangements under the Directive is not limited to cross-border transactions within the E.U; it also includes arrangements between entities in the E.U. and entities in non-E.U. jurisdictions (for instance, an arrangement/transaction between a Cyprus resident company and an Indian company).
Training Objectives
By attending this course participants will be able:
- To describe DAC 6 and critically analyse these new Mandatory Disclosure Rules as a new development in the public management of tax avoidance
- To comprehend DAC6 as a permanent change in the relationship between the Tax Authorities on the one hand and intermediaries and taxpayers on the other hand
- To elaborate on who possibly might have an obligation to disclose reportable cross-border arrangements: intermediaries, assistant intermediaries, and taxpayers
- To critically assess which cross-border arrangements may indicate aggressive tax planning and need be reported beforehand to the Tax Authorities
- To cover the hallmarks and the main benefit test set out in this Directive.
- To understand how reasonable security safeguards should be used to protect personal data from loss, unauthorised access, destruction, use, modification, or disclosure
- To explain the order of reporting obligation, exemptions, and reporting deadlines
- To critically assess how the Cyprus government has interpreted and approached DAC6
- To critically assess the expected consequences of the Cyprus implementation including the expected benefits and costs of MDR
- To determine if the Cyprus implementation is a proportionate measure to prevent tax avoidance and evasion in the form of aggressive tax planning
Training Outline
Introduction
- Overview of Council Directive (EU) 2018/822
- Implementation of DAC 6 into local legislation
- Purpose of this seminar
Intermediaries
- Definition of Intermediary
- Meaning of ‘person’
- Primary Intermediary
- Secondary Intermediary
- Nexus with Cyprus
- Professional Secrecy
- Multiple reporting
- Duty to share Arrangement ID and information submitted
Relevant Taxpayer
- Definition of relevant taxpayer
- Obligation to file information
- Nexus with Cyprus
- Multiple reporting
- Duty to share Arrangement ID and information submitted
Reportable Cross-border Arrangement
- Arrangement
- Cross-border arrangement
- Marketable arrangement
- Reportable cross-border arrangement
Hallmarks
- General overview
- Main Benefit Test (MBT)
- Hallmark category A: Generic hallmarks linked to the MBT
- Hallmark category B: Specific hallmarks linked to the MBT
- Hallmark category C: Specific hallmarks related to cross-border transactions
- Hallmark category D: Specific hallmarks concerning automatic exchange of information and beneficial ownership
- Hallmark category E: Specific hallmarks concerning transfer pricing
Reporting
- Information to be reported
- Reporting trigger points and time limits for filing
- Manner of reporting
- Arrangement and Disclosure Reference Numbers
- Additional reporting obligations
Penalties
Who should attend
- Employees and executives of financial entities (such as banks, CIFs, Investment Managers, etc)
- Lawyers and legal professionals
- Accountants
- Compliance professionals
- Operations Managers and Teams
- Risk professionals
- Tax Professionals
Training Style
The programme is designed to deliver knowledge and enhance participants’ skills via short lectures, case-studies, practical examples, real-life simulations. Most of the training’s time will be invested in analysing a real-life case study that will help participants understand how to solve problems in similar occasions.
CPD Recognition
This programme may be approved for up to 7 CPD units in Accounting and Auditing. Eligibility criteria and CPD Units are verified directly by your association, regulator or other bodies which you hold membership.
The Cyprus Bar Association (CyBAR) has confirmed that this programme is accredited for 7 CPD units.
In-house Training
For groups within the same organisation, this course may be customized to meet any specific needs and delivered in-house.
Training Objectives
By attending this course participants will be able:
- To describe DAC 6 and critically analyse these new Mandatory Disclosure Rules as a new development in the public management of tax avoidance
- To comprehend DAC6 as a permanent change in the relationship between the Tax Authorities on the one hand and intermediaries and taxpayers on the other hand
- To elaborate on who possibly might have an obligation to disclose reportable cross-border arrangements: intermediaries, assistant intermediaries, and taxpayers
- To critically assess which cross-border arrangements may indicate aggressive tax planning and need be reported beforehand to the Tax Authorities
- To cover the hallmarks and the main benefit test set out in this Directive.
- To understand how reasonable security safeguards should be used to protect personal data from loss, unauthorised access, destruction, use, modification, or disclosure
- To explain the order of reporting obligation, exemptions, and reporting deadlines
- To critically assess how the Cyprus government has interpreted and approached DAC6
- To critically assess the expected consequences of the Cyprus implementation including the expected benefits and costs of MDR
Training Outline
Introduction
- Overview of Council Directive (EU) 2018/822
- Implementation of DAC 6 into local legislation
- Purpose of this seminar
Intermediaries
- Definition of Intermediary
- Meaning of ‘person’
- Primary Intermediary
- Secondary Intermediary
- Nexus with Cyprus
- Professional Secrecy
- Multiple reporting
- Duty to share Arrangement ID and information submitted
Relevant Taxpayer
- Definition of relevant taxpayer
- Obligation to file information
- Nexus with Cyprus
- Multiple reporting
- Duty to share Arrangement ID and information submitted
Reportable Cross-border Arrangement
- Arrangement
- Cross-border arrangement
- Marketable arrangement
- Reportable cross-border arrangement
Hallmarks
- General overview
- Main Benefit Test (MBT)
- Hallmark category A: Generic hallmarks linked to the MBT
- Hallmark category B: Specific hallmarks linked to the MBT
- Hallmark category C: Specific hallmarks related to cross-border transactions
- Hallmark category D: Specific hallmarks concerning automatic exchange of information and beneficial ownership
- Hallmark category E: Specific hallmarks concerning transfer pricing
Reporting
- Information to be reported
- Reporting trigger points and time limits for filing
- Manner of reporting
- Arrangement and Disclosure Reference Numbers
- Additional reporting obligations
Penalties
Who should attend
- Employees and executives of financial entities (such as banks, CIFs, Investment Managers, etc)
- Lawyers and legal professionals
- Accountants
- Compliance professionals
- Operations Managers and Teams
- Risk professionals
Training Style
The programme is designed to deliver knowledge and enhance participants’ skills via short lectures, case-studies, practical examples, real-life simulations. Most of the training’s time will be invested in analysing a real-life case study that will help participants understand how to solve problems in similar occasions.
CPD Recognition
This programme may be approved for up to 7 CPD units in Accounting and Auditing. Eligibility criteria and CPD Units are verified directly by your association, regulator or other bodies which you hold membership.
In-house Training
For groups within the same organisation, this course may be customized to meet any specific needs and delivered in-house.
