DAC6 – Letter of implementation from the Federal Ministry of Finance on reportable transactions

With the “Act on the Introduction of an Obligation to Disclose Cross-border Tax Arrangements” Germany transposed the respective EU Directive - known as DAC6 - into national law, on 21.12.2019.

The Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) has now produced a draft discussion document for the letter of implementation that focuses on the following areas:

• material and personal scope of application
• hallmarks of reportable arrangements
• procedure for reporting cross-border tax arrangements.

The draft also includes a list of specific transactions and case groups that should be exempted from the disclosure requirement (e.g. posting of staff, granting of loans and licences).

Please note: The aim is to publish the definitive circular in June 2020. The organisations concerned were given the opportunity to submit comments.