Malta

Publication of Guidelines for DAC 6

The Commissioner for Revenue has published its “Guidelines on the Mandatory Automatic Exchange of Information in relation to Cross-Border Arrangements” and DAC6 XML Schema User Guide.

These guidelines are welcomed by taxpayers and intermediaries since they provide guidance in relation to the reporting requirements originally introduced through Council Directive 2011/16/EU in 2018 and implemented into Maltese law by virtue of L.N. 342 of 2019.

The guidelines provide a more in-depth look at the hallmarks which determine whether a cross-border arrangement contains the characteristics which make it reportable and furthermore provides practical examples to facilitate application of the hallmarks. An important clarification is that service providers who provide post-implementation services such as audit or tax compliance do not classify as intermediaries and therefore do not have an obligation to report in terms of the directive.

We invite you to reach out to us should you wish to discuss whether your business has any reporting obligations in terms of DAC 6.