Legislatie preturi de transfer

WE'VE SPENT LONG HOURS TO ENSURE YOU CAN

REST ASSURED THAT

Rata de succes

DAC6 REPORTING IS MOSTLY

ABOUT HAVING PERFECT

OUR WIDE KNOWLEDGE ON DAC6 ALLOWS US TO CREATE EFFECTIVE STRATEGIES TO PROTECT YOU FROM PENALTIES AND FUTURE TAX AUDITS

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WHAT IS DAC6 REPORTING?

The EU Directive 2018/822/EU, known as DAC6, is introducing new reporting obligations of cross border arrangements that have the features of transactions that might bring tax advantages.

Therefore, any transaction involving two countries where at least one is in the EU, will need to be assessed in order to determine whether it is reportable or not regardless it is intra-group or with third parties.

WHEN BUSINESSESS SHOULD SUBMIT THE DAC6 REPORTS?

In most of the EU contries the DAC6 reporting deadline where deferred until (i) 28 February 2020 for those arrangements where the implementation started between 25 June 2018 and 30 June 2020, (ii) 30 January 2021 for those arrangements where the implementation started between 1 July 2020 and 31 December 2020.

For the arrangements where implementation starts after 31 December 2020, taxpayers will only have 30 days to report from the triggering event.

WHAT BUSINESSES SHOULD DO ABOUT DAC6 REPORTING?

Failure to comply with DAC6 could mean facing significant sanctions under local regulations in European Union countries and reputational risks for individuals, businesses and intermediaries.

Therefore businesses need to understand the importance and implications of DAC6 reporting on their business and to act in due time to ensure compliance or at least to prepare adequate defense documentation.

CAN I MANAGE THE DAC6 REPORTING INTERNALLY?

DAC6 is a a complex subject with requires more than everything else coordination among various stakeholders.

Even more important, DAC6 requires that the person performing the DAC6 assessments has had adequate exposure to international tax planning, transfer pricing and other areas that can enable efortless identification of cross-border arrangements.

Knowledge Center

In 2018, EU issued the Directive 2018/822/EU, known as DAC6, which is introducing new reporting obligations of cross border arrangements that have certain characteristics (i.e. broadly, reporting of those transactions whose expected benefit is a tax advantage). The final purpose of these new obligations and of the directive itself is increasing the transparency and fairness in taxation.

Therefore, any transaction involving two countries where one is in the EU will need to be assessed in order to determine whether it is reportable or not regardless it is intra-group or with third parties.

Each EU country transposed the original EU DAC6 Directive into its national provisions mostly by copy-pasting the text of the Directive, defining some elements with regard to penalties and, in some cases, including some additional elements.

As such, each country in the EU has largely the same national provisions as in the original EU DAC6 Directive but there may be some slight alterations. Below you will find links to the DAC6 national provisions of each country within the EU.

The novel EU DAC6 Directive is built based on a catch-all principle. As a consequence, the EU DAC6 Directive is very thorough and intentionaly vague in many aspects.

As a consequence, the national Tax Authorities across the EU are not just transposing the text of the EU DAC6 Directive, but they also issue additional guidance with their own interpretations over the unclear topics. Find below links to the guidelines issued by the Tax Authorities in each EU country.

In 2018, EU issued the Directive 2018/822/EU, known as DAC6, which is introducing new reporting obligations of cross border arrangements that have certain characteristics (i.e. broadly, reporting of those transactions whose expected benefit is a tax advantage). The final purpose of these new obligations and of the directive itself is increasing the transparency and fairness in taxation.

Therefore, any transaction involving two countries where one is in the EU will need to be assessed in order to determine whether it is reportable or not regardless it is intra-group or with third parties.

As DAC6 experts, we shared our DAC6 knowledge across a number of events held in the past.

Download below the video recordings, presentations support and other materials used during these events.

You need to assess

your transactions from a DAC6 perspective, particularly if

Cross-border arrangements

New / with modified circumstances

After 25 June 2018

Tax optimization schemes in place

Payment of dividends while still having to reimburse loans

Cross-border business restructurings

Stock option plan in place

Standardized contracts

Other various situations

Knowing that the cross border transactions are commercially driven is not enough!

a proper analysis will have to be performed, stored and later on made available to the tax authorities as evidence for supporting the non-reporting

VIOREL SBORA

DAC6 PARTNER

Viorel specializes in DAC6 compliance projects. Viorel is a Certified Tax Advisor and has earned his ADIT Diploma in the transfer pricing area. Previously he has managed the BDO Romania transfer pricing team.

Viorel drafted the first practical manual for the management of groups of companies on compliance with the provisions of the new EU directive on administrative cooperation DAC6.

Viorel is actively involved in the working groups that contribute to amending the transfer pricing and DAC6 legislation in Romania.

Book a private discussion with Viorel

MEDIA APPEARANCES

We are a reputable source of transfer pricing and DAC6 information across all channels .…

profit
”Although the legislative text specifically mentions that strict transfer pricing adjustments can not be made based on the simplistic information presented in the CbCR country reports, we expect a significant increase in the aggressiveness of the tax authorities towards the subsidiaries of the multinational groups that register in Romania losses, or fluctuating results. All these inspection or risk analysis actions will now be launched due the extensive use of country-specific CbCR reporting information” ... Read more
zf
”Transfer pricing legislation is a highly interpretable one, often more important than how the law is read by a transfer pricing consultant is how well does a consultant know how tax inspectors interpret the law”... Read more
hotnews
”With the outbreak of the Panama Papers, LuxLeaks and Paradise Papers scandals and the rush to implement all these new legislative changes, it is becoming clearer the movement to the next level of fiscal transparency, namely requiring multinational groups to make public these reports each country CbCR. However, it should not be overlooked that these measures can generate fierce disputes between governments of countries with low tax rates and those with high tax rates.” ... Read more

TESTIMONIALS

Because this is, after all, the best measure for your success ...

"In search of a consultant to help us prepare the transfer pricing file, ATIPIC Solutions team was recommended to us. As we have been told, this team manages to ease the process simply by requiring and providing information in a very clear and structured way. We will certainly recommend their services further. "

Ana Mihaela Ionescu

Chief Financial Officer, Butan Gas Romania
"Professionalism, courtesy, real-time feedback and receptivity - are some of the attributes that characterize our collaboration with ATIPIC Solutions. Thank you for your dedication and sympathy for the project that you have been doing together, as well as for the constant support you provide during the collaboration. "

Ionuț Ungureanu

Chief Financial Officer, Agro CS Romania
"ATIPIC Solutions has shown us at the tender stage that we will be able to rely on their promptness and especially that they are flexible enough and creative enough to find solutions to the price problems we face."

MAGDALENA BORDEI

CFO, Ascendum Machinery
"We chose ATIPIC Solutions team because they proposed us a complete solution for the transfer pricing file that included the justification for the actual delivery and the analysis of the need for intra-group services. The tax inspection team has accepted the transfer pricing file exactly as it was prepared by ATIPIC Solutions. "

Cristina Nemeș

Chief Accountant, C T S Romania

Do you want a DAC6 analysis that will keep you safe?

What if we would tell you that we will handle all DAC6 assessment and reporting as autonomously as one of your own employees?

VIOREL
SBORA

DAC6 PARTNER

Viorel specializes in DAC6 compliance projects. Viorel is a Certified Tax Advisor and has earned his ADIT Diploma in the transfer pricing area. Previously he has managed the BDO Romania transfer pricing team.

Viorel drafted the first practical manual for the management of groups of companies on compliance with the provisions of the new EU directive on administrative cooperation DAC6.

Viorel is actively involved in the working groups that contribute to amending the transfer pricing and DAC6 legislation in Romania.

MIHAELA
CRĂCIUN

SENIOR CONSULTANT

Mihaela has over three years of experience in delivering transfer pricing and DAC6 projects. She is studying to obtain her master degree in Accounting, Controlling and Expertise from University of Economic Studies and to obtain the qualification of chartered accountant.

ȘTEFANIA
MANOLACHE

CONSULTANT

Stefania joined the ATIPIC Solutions transfer pricing team as a consultant, specialized in particular on providing assistance during transfer pricing audits. Stefania graduated the Faculty of Law and a Master's degree in Tax Law organized by the University of Bucharest.

KNOWLEDGE & EXPERIENCE

CAN MAKE THE DIFFERENCE

Our rich experience and knowledge in international projects from various industries allow us to bring real value to our clients in helping to minimize transfer pricing and DAC6 risks and to improve the burdensome compliance process. 

Among our personal combined experiences in various specialty areas we can emphasize:

  • preparation of the transfer pricing documentation files for two of the ten largest companies in Romania;
  • defending our transfer pricing files with a success rate greated than 97%;
  • preparation of 250 transfer pricing files and over 350 benchmarking studies in the Amadeus and Orbis databases;
  • drafting one of the first practical manuals on succesfully complying with DAC6 legislation.

Book a private discussion with Viorel, Mihaela or Ștefania

What DAC6 solutions can you expect from us?

DAC6 TRANSACTIONS MAPPING ASSISTANCE

Cross-border transactions / arrangements that may fall within DAC6 reporting scope are not most often easy to identify. Therefore, in most of the situations, the actual mapping will require a collaboration between your own employees and a DAC6 consultant that is knowledgeable about DAC6.

We will keep an open line for you to receive answers in real time to any questions you might have during the process of mapping cross-border transactions to be assessed from a DAC6 perspective.

DAC6 ASSESSMENT

Based on the list of cross-border arrangements, we will analyze if there are any reportable arrangements - during this process, we will also organize meetings / phone conferences in order to discuss various aspects that are specific to your transactions e.g. the tax treatment for specific transactions.

During the analysis process we will be responsible for interpretation and application of reporting requirements to particular transactions / arrangements and structures.

MAIN BENEFIT TEST ANALYSIS

For transactions that fall under certain hallmarks, a main benefit test analysis may be required. In some cases, these analyses may be however subjective.

As a consequence you may either ask us to assist with the full preparation of the main benefit test analysis or you can ask us a second opinion to have an impartial validation of your judgment.

Library of DAC6 arrangements

In case you wish to train your employees to spot reportable arrangements, then not only they will need to be trained but they will also need to have a library of arrangements that they can refer to in order to learn what to look.

Practical eBook on the implementation of DAC6

Many countries issued their own guidelines onto the many unclear aspects of DAC6.

Our book summarizes all the issues tackled within these guidelines but also presents the aspects that should have been tackled by these guidelines. Bonus, you will also receive our library of DAC6 arrangements.

DAC6 Shared Service Center

You simply want to outsource completely the DAC6 reporting obligations across all the EU countries and especially protect yourself from the penalty regime?

We can then take over the entire responsibility of DAC6 reporting upon us and simply work as one of your employees would in a Leased Shared Service Center innovative concept.

DO YOU NEED DAC6 REPORTING ASSISTANCE SERVICES?

Fill in the form below and we will get back to you to discuss how we can
prepare a DAC6 analysis that will not backfire later on.

 

* We'll answer all the inquiries on a first-come-first-serve basis. Having regard that one DAC6 analyss project can last 1 - 3 months we can only take over a limited number of requests.

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