The concept of arrangement under DAC6 provisions is a very broad one and the DAC6 Directive does not include a clear definition for this term. First of all, the arrangements targeted by the DAC6 Directive are the ones that implement or conduct to aggressive tax planning structures, as these are referred in the DAC6 Directive foreword: “aggressive tax planning”, “aggressive tax practices”, “aggressive tax arrangements”. However, given the fact that the definitions of arrangement and aggressive tax planning are not provided in the DAC6 provisions, it may be the case that legitimate transactions may be reportable under a specific category of hallmarks, even if these does not present a real threat as regards aggressive tax planning.

DAC6 lesson: what may seem a formality … actually it isn’t! Six weeks ago, the proposed 3+3 month deferral seemed almost a sure thing, due to the latest Corona restrictions. After all, it was the European Commission that initially wanted this directive, so if the Commission was fine with such a minor (?) change, why not go with it? Alas,  with no final resolution in sight re the aforementioned deferral of the aforementioned Directive, we are left wondering:  what really is at stake here?

The Belgian “FAQ on DAC6 – Reporting of cross-border arrangements” was released in June 2020 and includes 56 pages providing extensive clarification on top interest questions related to the DAC6 regulations interpretation in Belgium such as:

A week ago, Greenland was made news that went rather unnoticed, possibly in the safe knowledge that it is somehow linked to the new normal – the island saw, in one day, the melting of 12.5 billion tons of ice! If we are into comparisons, we look at an amount big enough to get the state of Florida covered under 12 cm thick water layer or the whole of Denmark submerged under a half of meter water blanket. But I think no one is really into this kind of comparisons and let us therefore leave them breezily to tomorrow’s generation (such a fast ice melt was only supposed to occur 50 years from now anyway!)