Legal Updates

 TaxationJune 29, 2020

Extension and Deferral of Filing, Reporting and Exchange of Information for DAC6, CRS/DAC2 and FATCA

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For further information on any of the issues discussed in this publication please contact the related contact(s) on this page.

In response to the COVID-19 pandemic, the Irish Revenue Commissioners (“Revenue”) have confirmed the deferral of reporting and exchange of information deadlines for:

  • DAC6 (EU Mandatory Disclosure Rules),
  • CRS/DAC2 (the Common Reporting Standard and its EU equivalent); and
  • FATCA (Foreign Account Tax Compliance Act).

DAC6

In the light of the current pandemic, the Council of the EU has adopted Council Directive 2020/876, amending Council Directive 2011/16/EU (dealing with DAC6 and DAC2). This amending Directive allows EU member states the option to defer by 6 months the reporting and exchange of information deadlines under DAC6 (and also the exchange of information deadline under DAC2). Revenue have confirmed that Ireland has opted-in to this deferral.

In this regard, the filings for DAC6 returns which were originally scheduled to commence on 1 July will be deferred in line with the Directive, as set out below:

  • the deadline for the reporting of the so-called ‘historical’ reportable arrangements for the first period between 25 June 2018 to 30 June 2020 to the relevant EU member state tax authority will be deferred from 31 August 2020 to 28 February 2021;
  • all reportable arrangements in the period from 1 July 2020 to 31 December 2020 will now be required to be reported to the relevant EU member state tax authority by 30 January 2021;
  • thereafter any reportable arrangements that become reportable on or after 1 January 2021 would now be required to be reported to the relevant EU member state tax authority within 30 days;
  • periodic reporting on marketable arrangements will commence by 30 April 2021; and
  • the first exchange of information between member state tax authorities will be by 30 April
    2021
    (6 months after the original date of 31 October 2020).

Revenue have also confirmed that their DAC6 filing portal will open on 1 January 2021.

CRS/DAC2 and FATCA

CRS/DAC2 and FATCA require Irish reporting financial institutions to report details of certain account holders (and, in particular situations, details of controlling persons of such account holders) to Revenue, normally, by 30 June annually. However, this reporting deadline has now been extended by Revenue by 3 months to 30 September 2020 for the 2019 period. Revenue will then exchange the received information with the jurisdiction of tax residence of the account holder by 31 December 2020 – another 3 month deferral from 30 September.

Conclusion

Although Revenue have provided confirmation of the deferral of reporting, filing and the exchange of information in relation to DAC6, CRS/DAC2 and FATCA, there has been no update regarding legislation implementing these deferrals. Nonetheless, Revenue’s confirmation of the 3 month deferral of the relevant reporting deadlines will offer parties much needed flexibility and preparation time.

Dillon Eustace
June 2020

DISCLAIMER: This document is for information purposes only and does not purport to represent legal advice. If you have any queries or would like further information relating to any of the above matters, please refer to the contacts above or your usual contact in Dillon Eustace.

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