Practical Consequences of the DAC6 Rules – What Next for Tax Administrations and Taxpayers?

• Jurisdiction: European Union
• Year: 2021
• Author: Vania Petrella

Speaker

Vania Petrella is a partner resident in the Rome office of Cleary Gottlieb. Her practice focuses on Italian and international tax issues relating to M&A, domestic and cross-border transactions, capital markets, financial products, and executive compensation and incentive plans. She also regularly represents clients in tax controversy matters and advises high net worth individuals and family offices on a wide range of personal income tax and estate tax issues and planning.

In 2019, Ms. Petrella was appointed to sit on the Board of Trustees of the Foundation Academy of European Law. In 2016, she served as an expert on the Committee for Tax Policy established at the Italian Prime Minister’s Office.

She taught for many years a course on International Tax Law at the University of Naples Federico II and a course on Ethics and Tax law at the Lateran University. She regularly lectures at various other institutions, including the Universities of Bologna and LUISS.

Topic

In this presentation, Professor Jacques Malherbe delves into a comprehensive analysis of the reporting obligations associated with reportable cross-border arrangements, as outlined in Council Directive (EU) 2018/822. With a keen focus on providing a deeper understanding of this complex topic, Professor Malherbe explores various aspects and intricacies related to these obligations.

A significant portion of the presentation is dedicated to shedding light on the so-called 'hallmarks,' which serve as crucial indicators for identifying potentially aggressive tax planning strategies. Professor Malherbe meticulously examines these hallmarks, elucidating their significance in detecting arrangements that may warrant closer scrutiny and investigation.

Additionally, the presentation tackles the fundamental question of responsibility in relation to reporting obligations. Professor Malherbe provides an in-depth exploration of the entities or individuals who are tasked with the responsibility of fulfilling the reporting requirements mandated by the directive. He delves into the intricacies of this aspect, discussing the roles...