CAD Directive 6: Concerning a deferral of the filing obligation

Following the publication of the Directive of the 25th May 2018 concerning the automatic exchange of information in the field of taxation in relation to cross-border arrangements that must be declared, France transposed the Directive according to the Order of the 21st October 2019 and the Finance Act for 2020. A decree dated the 17th March 2020 set out the information to be provided in the declaration.

This obligation applies to schemes involving two Member States or a Member State and a third country, if they are considered potentially aggressive. The schemes are :

“Any agreement, arrangement, mechanism, transaction or series of transactions, whether or not they are enforceable. It covers in particular the creation, attribution, acquisition or transfer of the income itself or of the property or right in respect of which the income is due. »

These devices must be characterised by markers.

There are two types of markers:

– General markers that presuppose the prior characterization of a main advantage

– Specific markers related to cross-border transactions, concerning the automatic exchange of information and the self-sufficient beneficiairies.

On the 24th June 2020, the EU Council adopted a six-month postponement of the implementation of the Directive. This was to take effect from 1 July 2020 with retroactive effect for the period between 25 June 2018 and 30 June 2020. However, this postponement is optional for member states. It is up to each Member State to implement this option.

 

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