Mandatory Disclosure of Reportable Cross-border Tax Arrangements

• Jurisdiction: European Union
• Year: 2021
• Author: Jacques Malherbe

Speaker

Jacques Malherbe is a professor emeritus of law of Louvain University and is of-Counsel in the law firm of Simont Braun. (Brussels). He holds a doctorate in law and a degree in Economic Sciences from the Catholic University of Louvain (UCL) and a Master of Laws (LL.M) from Harvard University.

Jacques Malherbe teaches European financial and tax law in various universities. He lectures frequently in Spain, Portugal and Latin America and holds a honorary doctorate of the San Marcos University of Lima (Perú). He is a member of the International Fiscal Association and was vice-president of its Permanent Scientific Committee.

Topic

In his presentation, Professor Jacques Malherbe dissects and scrutinizes the reporting obligations associated with reportable cross-border arrangements outlined in Council Directive (EU) 2018/22. His analysis delves deep into the intricate web of regulations, shedding light on their intricacies and implications for tax planning activities.

A significant portion of Professor Malherbe's presentation is dedicated to unraveling the concept of 'hallmarks' within the context of cross-border arrangements. These hallmarks serve as vital indicators, meticulously designed to identify potential instances of aggressive tax planning.

However, the analysis doesn't stop at the identification of these hallmarks. Professor Malherbe understands that a comprehensive understanding of reporting obligations necessitates a thorough examination of the key question of 'who' bears the responsibility for reporting. With clarity and precision, he navigates the complex landscape of reporting stakeholders, including individuals, entities, intermediaries, and tax advisors.

In addition to these crucial aspects, Professor Malherbe addresses another significant concern: the question of legal privilege. He takes a closer look at the delicate balance between the need for transparency in tax planning and the protection of legal privilege. Through thought-provoking discussions and insightful analysis, he highlights the potential challenges and considerations that arise when dealing with legal privilege within the reporting framework.

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