Luxembourg publishes updated guidance on DAC6 reporting
On October 28, 2020, the Luxembourg Tax Administration published the updated DAC6 reporting guidelines. The guide provides an overview of the reporting requirements and information to be provided on reporting mechanisms.
The guidelines also cover deadlines for reporting mechanisms, including details of the initial grace period for DAC6 reporting adopted by Luxembourg. The standard 30-day reporting period begins on January 1, 2021, including for reporting agreements from July 1, 2020, to December 31, 2020. The deadlines for the first periodic reporting of market agreements and historical agreements from June 25, 2018, to December 31, 2020, have also been extended to April 30, 2021, and February 28, 2021, respectively.
Regarding extensions, the guidance also provides that appropriate extensions are provided for intermediaries to notify other intermediaries or taxpayers of their application of the professional secrecy reporting exemption. This provision provides that the standard 10-day notice period begins on January 1, 2021, including for reporting arrangements between July 1, 2020, and December 31, 2020.
Finally, the guide covers the actual presentation of the reporting activities, which can be done manually using a dedicated process on MyGuichet (available in English, French, and German) or by submitting an XML file. At the end of the instruction page, there is a user manual and an XML schema. Both reporting methods are scheduled to become available on January 1, 2021.
Further professional advice should be sought for each particular case. Our firm does not accept any responsibility for any loss or damage occurring by acting on the basis of this information. Also, please visit our website for further updates.