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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)RecitalsChapter I General provisions (arts. 1-4)Article 1 Subject matterArticle 2 ScopeArticle 3 DefinitionsArticle 4 OrganisationChapter 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 requestArticle 5a Foreseeable relevanceArticle 6 Administrative enquiriesArticle 7 Time limitsSection II Mandatory automatic exchange of information (arts. 8-8ad)Article 8 Scope and conditions of mandatory automatic exchange of informationArticle 8a Scope and conditions of mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangementsArticle 8b Statistics on automatic exchangesArticle 8aa Scope and conditions of mandatory automatic exchange of information on the country-by-country reportArticle 8ab Scope and conditions of mandatory automatic exchange of information on reportable cross-border arrangementsArticle 8ac Scope and conditions of mandatory automatic exchange of information reported by Platform OperatorsArticle 8ad Scope and conditions of mandatory automatic exchange of information reported by Reporting Crypto-Asset Service ProvidersDraft 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 assessmentsSection III Spontaneous exchange of information (arts. 9-10)Article 9 Scope and conditions of spontaneous exchange of informationDraft Article 9a Collaboration on Corrections, Compliance and Enforcement with respect to Top-up tax information returnsArticle 10 Time limitsChapter 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 conditionsSection II Simultaneous controls (art. 12)Article 12 Simultaneous controlsSection IIa Joint auditsArticle 12a Joint auditsSection III Administrative notification (art. 13)Article 13 Request for notificationSection IV Feedback (art. 14)Article 14 ConditionsSection V Sharing of best practices and experience (art. 15)Article 15 Scope and conditionsChapter IV Conditions governing administrative cooperation (arts. 16-22)Article 16 Disclosure of information and documentsArticle 17 LimitsArticle 18 ObligationsArticle 19 Extension of wider cooperation provided to a third countryArticle 20 Standard forms and computerised formatsArticle 21 Practical arrangementsArticle 22 Specific obligationsChapter V Relations with the commission (arts. 23-23a)Article 23 EvaluationArticle 23a Confidentiality of informationChapter VI Relations with third countries (art. 24)Article 24 Exchange of information with third countriesChapter VII General and final provisions (arts. 25-31)Article 25 Data protectionArticle 25a PenaltiesArticle 26 Committee procedureDraft Article 26a Exercise of the delegationArticle 27 ReportingArticle 27a Optional deferral of time limits because of the COVID-19 pandemicArticle 27b Extension of the period of deferralArticle 27c Reporting and communication of the TINDraft Article 27c First Reporting fiscal year and exchange of the information referred to in Article 8ae for the first timeArticle 28 Repeal of Directive 77/799/EECArticle 29 TranspositionArticle 30 Entry into forceArticle 31 AddresseesAnnex I Reporting and due diligence rules for financial account informationAnnex II Complementary reporting and due diligence rules for financial account informationAnnex III Filing Rules for Groups of Multinational EnterprisesAnnex IV HallmarksPart I Main benefit testPart II Categories of hallmarksAnnex V Due Diligence Procedures, Reporting Requirements and Other Rules for Platform OperatorsAnnex VI Reporting requirements, due diligence procedures and other rules applicable to reporting crypto-asset service providersDraft Annex VII Filing rules and form for Top-up tax information returnDone at
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Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 13 November 2023 - onwards
Version 3 of 3

Article 8ab Scope and conditions of mandatory automatic exchange of information on reportable cross-border arrangements

1. Each Member State shall take the necessary measures to require intermediaries to file information that is within their knowledge, possession or control on reportable cross-border arrangements with the competent authorities within 30 days beginning:

(a) on the day after the reportable cross-border arrangement is made available for implementation; or

(b) on the day after the reportable cross-border arrangement is ready for implementation; or

(c) when the first step in the implementation of the reportable cross-border arrangement has been made, whichever occurs first.

Notwithstanding the first subparagraph, intermediaries referred to in the second paragraph of point 21 of Article 3 shall also be required to file information within 30 days beginning on the day after they provided, directly or by means of other persons, aid, assistance or advice.

2. In the case of marketable arrangements, Member States shall take the necessary measures to require that a periodic report be made by the intermediary every 3 months providing an update which contains new reportable information as referred to in points (a), (d), (g) and (h) of paragraph 14 that has become available since the last report was filed.

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