Ireland

No.

An Intermediary is any personthat:1. Designs, markets, organises or makes available forimplementation or manages the implementation of a reportablecross-border arrangement;2.Having regard to the relevant facts and circumstances and basedon available information and the relevant expertise andunderstanding required to provide such services, knows or couldbe reasonably expected to know that such a person has undertakento provide, directly or by means of other persons, aid, assistanceor advice with respect to designing, marketing, organising,making available for implementation or managing theimplementation of a reportable cross-border arrangement.An Intermediary is also a person thatmeets at least one of the following conditions:1. Is a resident for tax purposes in a Member State;2. Has a permanent establishment in a Member Statethrough which the services with respect to the arrangement areprovided;3. The person is incorporated in or governed by the laws of, aMember State;4. The person is registered with a professional association related tolegal, taxation or consultancy services in a Member State;

If there are no intermediaries that can report, the obligation will shift to the taxpayers. Under the draft Irish legislation, the definition of “intermediary” is in line with the Directive and there is no reference to employees of an entity or of an “in-house” tax team being regarded as an intermediary.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

No, the Irish rules do not extend further than what is contained in the Directive.

If there are no intermediaries which can report, the obligation will shift to the taxpayers.Intermediaries availing of the LPP exemption are however obliged to notify other intermediaries or, if there is no other intermediary, to notify other relevant taxpayers, without delay, of their reporting obligations. There is no clarification on how the expression “without delay” is to be interpreted.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

Guidance notes are yet to published by the Revenue Commissioners but we would expect that this is an area that will be addressed within the guidance notes.

No, as the legislation has been transposed, cross-border arrangements are defined as arrangements concerning more than one Member State or a Member State and a third country.

No deviations from the Directive. This disclosure regime applies to all taxesexcept for value-added tax (VAT), customs duties, excise duties and compulsory social security contributions.

No deviations from the directive.

Most elements of the hallmarks included in DAC6 are not expressly defined. The Irish draft legislation refers directly back to Annex IV of the Directive. It is expected that further explanatory notes will be provided with some clarificationon these elements.

In accordance with DAC6, the Main Benefit Test will be satisfied if it can be established that “the main benefit or one of the main benefits which, having regard to all relevant facts and circumstances, a person may reasonably expect to derive from an arrangement, is the obtaining of a tax advantage.”A tax advantage is defined in the legislation as any ofthe following:1. Relief or increased relief from, or a reduction, avoidance or deferral of, any assessment, charge or liability to tax, including any potential or prospective assessment, charge or liability;2. A refund or repayment of, or payment of, an amount of tax, or an increase in an amount of tax refundable, repayable or otherwise payable to a person, including any potential or prospective amount so refundable, repayable or payable, or advancement of any refund or repayment of, or payment of, an amount of tax to aperson;3. The avoidance of any obligation to deduct or account for tax, arising out of or by reason of an arrangement, including an arrangement where another arrangement would not have been undertaken or arranged to achieve the results, or any part of the results, achieved or intended to be achieved by the arrangement. This broad definition sets out an objective test for the tax advantage, in contrast to the definition of the same term under the existing domestic MDR in Ireland where a tax advantage is considered obtained only if a person purportedly would not have entered into a transaction, in its current form, if the possibility of this tax advantage had not been there.

In accordance with DAC6, the Main Benefit Test will be satisfied if it can be established that “the main benefit or one of the main benefits which, having regard to all relevant facts and circumstances, a person may reasonably expect to derive from an arrangement, is the obtaining of a tax advantage.”A tax advantage is defined in the legislation as any ofthe following:1. Relief or increased relief from, or a reduction, avoidance or deferral of, any assessment, charge or liability to tax, including any potential or prospective assessment, charge or liability;2. A refund or repayment of, or payment of, an amount of tax, or an increase in an amount of tax refundable, repayable or otherwise payable to a person, including any potential or prospective amount so refundable, repayable or payable, or advancement of any refund or repayment of, or payment of, an amount of tax to aperson;3. The avoidance of any obligation to deduct or account for tax, arising out of or by reason of an arrangement, including an arrangement where another arrangement would not have been undertaken or arranged to achieve the results, or any part of the results, achieved or intended to be achieved by the arrangement. This broad definition sets out an objective test for the tax advantage, in contrast to the definition of the same term under the existing domestic MDR in Ireland where a tax advantage is considered obtained only if a person purportedly would not have entered into a transaction, in its current form, if the possibility of this tax advantage had not been there.

TBC

TBC

TBC

Information in relation to the identity of each intermediary andrelevant taxpayer, including:1. The name of each such intermediary and relevant taxpayer;2. Whether each such intermediary and the relevant taxpayer is anindividual or entity;3. The date and place of birth (in the case of an individual) of eachsuch intermediary and relevant taxpayer;4. The residence for tax purposes of each such intermediary andrelevant taxpayer;5. The taxpayer identification number of each such intermediaryand relevant taxpayer;6. The country of issuance of the taxpayer identification number ofeach such intermediary and relevant taxpayer;7. If the information referred to in either or both subparagraph 5or 6 is not known to the person who is required to make areturn under this Chapter of the specified information, theaddress of each such intermediary and relevant taxpayer;8. Where appropriate, the persons that are associated with enterprises toeach such relevant taxpayer;9. Details of each hallmark that makes the cross-border arrangementreportable;10. A summary of the content of the reportable cross-borderthe arrangement, including the name by which it is commonly known,if any, and description in abstract terms of the relevant businessactivities or arrangements, without leading to the disclosure of acommercial, industrial or professional secret or of a commercialprocess, or of information the disclosure of which would becontrary to public policy;11. The reference number assigned to the reportable cross-borderthe arrangement, if any;12. Details of the national provisions that form the basis of thereportable cross-border arrangement;13. The value of the reportable cross-border arrangement;14. The date on which the first step was taken or will be taken inimplementing the reportable cross-border arrangement;15. The identification of the Member State of each such relevanttaxpayer and any other Member States which are likely to beconcerned by the reportable cross-border arrangement;16. The identification of any other person in a Member State likely tobe affected by the reportable cross-border arrangement, indicatingto which Member States such person is linked.

None as of yet but awaiting confirmation.

The intermediary.

No deviations from the Directive.

Reference numbers as outlined in the questions above.

1. Where an intermediary or relevant taxpayer fails to report an arrangement within the 30-day reporting period: Up to €500 per day per arrangement;2 (a). Where an intermediary or relevant taxpayer fails to meet their obligations under the transitional provisions for arrangements implemented before 1 July 2020;2 (b). Where an intermediary fails to meet its obligations relating to a marketablearrangement or as a result of a claim for LPP: Up to €4,000 per arrangement;If 2(a) and 2(b) continue after a penalty is imposed: €100 per day per arrangement.3. Where a taxpayer fails to include the reference number assigned to a reportablecross-border transaction in its annual tax return: Up to €5,000.

1. Where an intermediary or relevant taxpayer fails to report an arrangement within the 30-day reporting period: Up to €500 per day per arrangement;2 (a). Where an intermediary or relevant taxpayer fails to meet their obligations under the transitional provisions for arrangements implemented before 1 July 2020;2 (b). Where an intermediary fails to meet its obligations relating to a marketablearrangement or as a result of a claim for LPP: Up to €4,000 per arrangement;If 2(a) and 2(b) continue after a penalty is imposed: €100 per day per arrangement;3. Where a taxpayer fails to include the reference number assigned to a reportablecross-border transaction in its annual tax return: Up to €5,000.

No distinction. The same penalty applies.

There has been no reference to this in the legislation.

There is no specific reference to incomplete, incorrect but it would appear they fall within fail to report within a 30 days reporting period.

Yes Ireland already has a mandatory disclosure regime.

No specific deviations of importance.

As noted, The Directive gives Member States the option to exempt intermediaries from the obligation to report where the reporting obligation would breach legal professional privilege (LPP). If there are no intermediaries that can report, the obligation will shift to the taxpayers.Under the draft Irish legislation, the definition of “intermediary” is in line with the Directive and there is no reference to employees of an entity or of an “in-house” tax team being regarded as an intermediary. The Irish draft legislation exempts intermediaries from reporting information with respect to which a claim to LPP could be maintained in legal proceedings. However, tax advisors, auditors, and accountants, who cannot claim LPP, are required to report.Intermediaries availing of the LPP exemption are however obliged to notify other intermediaries or, if there is no other intermediary, to notify other relevant taxpayers, without delay, of their reporting obligations. There is no clarification on how the expression “without delay” is to be interpreted.

If LPP is claimed, then the intermediary claiming privilege must notify all other intermediaries and if there are no intermediaries the reporting falls to the taxpayer.