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The European Council adopted — through Council Directive (EU) 2018/822, dated 25 May 2018 (DAC 6) — new reporting obligations in order to promote the automatic exchange of information in relation to reportable cross-border arrangements. DAC 6 is the sixth amendment to the original Directive on Administrative Cooperation (DAC) adopted in 2011. DAC 6 obligates intermediaries to report cross-border agreements that may be indicative of “potentially aggressive tax planning” to their respective national authorities. The scope of DAC 6 is wide, leaving it up to the European Union (EU) member nations to define what needs to be reported within the ‘hallmarks’ laid out in DAC 6.

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