Authors: JUDr. Martin Šubrt, Ph.D., LL.M, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová
The implementation of the European DAC Directive 6 brings a new notification obligation and the subsequent automatic exchange of information on cross-border arrangements, which may be motivated by obtaining a tax advantage. The definition of cross-border arrangements which are subject to the notification obligation is regulated only in general terms and it is therefore necessary to analyse on a case-by-case basis whether or not a new legal fact is covered by a new obligation. In this context, it should be noted that the new notification obligation may apply to a wider range of arrangements than only those that have been made for tax reasons. In the Czech Republic, the notification obligation will apply in the following cases:
- cross-border arrangements, the first step of which took place between 25 June 2018 and 30 June 2020 (inclusive), must be notified by 28 February 2021 at the latest;
- cross-border arrangements that have been made available or ready for deployment or whose first step has been implemented between 1 July and 31 December 2020 must be notified by 30 January 2021 at the latest;
- cross-border arrangements that have been made available or ready for implementation or whose first step has been implemented since 1 January 2021 must be notified no later than 30 days after such decisive fact.
