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European
Legislation (EU)
EU Directives
2011
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Table of Contents
Table of Contents
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Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (DAC1)
Recitals
Chapter I General provisions (arts. 1-4)
Article 1 Subject matter
Article 2 Scope
Article 3 Definitions
Article 4 Organisation
Chapter II Exchange of information (arts. 5-10)
Section I Exchange of information on request (arts. 5-7)
Article 5 Procedure for the exchange of information on request
Article 5a Foreseeable relevance
Article 6 Administrative enquiries
Article 7 Time limits
Section II Mandatory automatic exchange of information (arts. 8-8ad)
Article 8 Scope and conditions of mandatory automatic exchange of information
Article 8a Scope and conditions of mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangements
Article 8b Statistics on automatic exchanges
Article 8aa Scope and conditions of mandatory automatic exchange of information on the country-by-country report
Article 8ab Scope and conditions of mandatory automatic exchange of information on reportable cross-border arrangements
Article 8ac Scope and conditions of mandatory automatic exchange of information reported by Platform Operators
Article 8ad Scope and conditions of mandatory automatic exchange of information reported by Reporting Crypto-Asset Service Providers
Draft Article 8ae Scope and conditions of mandatory automatic exchange of information on election following the option to apply head office taxation rules, Head office taxation tax returns and draft tax assessments
Section III Spontaneous exchange of information (arts. 9-10)
Article 9 Scope and conditions of spontaneous exchange of information
Draft Article 9a Collaboration on Corrections, Compliance and Enforcement with respect to Top-up tax information returns
Article 10 Time limits
Chapter III Other forms of administrative cooperation (arts. 11-15)
Section I Presence in administrative offices and participation in administrative enquiries (art. 11)
Article 11 Scope and conditions
Section II Simultaneous controls (art. 12)
Article 12 Simultaneous controls
Section IIa Joint audits
Article 12a Joint audits
Section III Administrative notification (art. 13)
Article 13 Request for notification
Section IV Feedback (art. 14)
Article 14 Conditions
Section V Sharing of best practices and experience (art. 15)
Article 15 Scope and conditions
Chapter IV Conditions governing administrative cooperation (arts. 16-22)
Article 16 Disclosure of information and documents
Article 17 Limits
Article 18 Obligations
Article 19 Extension of wider cooperation provided to a third country
Article 20 Standard forms and computerised formats
Article 21 Practical arrangements
Article 22 Specific obligations
Chapter V Relations with the commission (arts. 23-23a)
Article 23 Evaluation
Article 23a Confidentiality of information
Chapter VI Relations with third countries (art. 24)
Article 24 Exchange of information with third countries
Chapter VII General and final provisions (arts. 25-31)
Article 25 Data protection
Article 25a Penalties
Article 26 Committee procedure
Draft Article 26a Exercise of the delegation
Article 27 Reporting
Article 27a Optional deferral of time limits because of the COVID-19 pandemic
Article 27b Extension of the period of deferral
Article 27c Reporting and communication of the TIN
Draft Article 27c First Reporting fiscal year and exchange of the information referred to in Article 8ae for the first time
Article 28 Repeal of Directive 77/799/EEC
Article 29 Transposition
Article 30 Entry into force
Article 31 Addressees
Annex I Reporting and due diligence rules for financial account information
Annex II Complementary reporting and due diligence rules for financial account information
Annex III Filing Rules for Groups of Multinational Enterprises
Annex IV Hallmarks
Part I Main benefit test
Part II Categories of hallmarks
Annex V Due Diligence Procedures, Reporting Requirements and Other Rules for Platform Operators
Annex VI Reporting requirements, due diligence procedures and other rules applicable to reporting crypto-asset service providers
Draft Annex VII Filing rules and form for Top-up tax information return
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https://service.betterregulation.com/document/262168
Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (DAC1)
Chapter III Other forms of administrative cooperation (arts. 11-15)
Section V Sharing of best practices and experience (art. 15)
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Section V Sharing of best practices and experience (art. 15)
Article 15 Scope and conditions
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