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HMRC internal manual

International Exchange of Information Manual

Legal framework for exchange: Types of international agreement: The EU Directive on Administrative Cooperation in Tax: Amendments to the Directive

The EU Directive on Administrative Cooperation has undergone several amendments since it was first adopted in 2011.  Each of these is done through a new Directive, which adds to or amends the text of the original. 

In setting out how Competent Authorities will work together, and what they will exchange, these amendments perform functions that in many respects mirror what would normally be covered by a Competent Authority Agreement.

Directive 2014/107/EU (9 December 2014)

The first amendment to the DAC (‘DAC2’) implemented the framework for exchange under the OECD Common Reporting Standard within the EU –that is exchange of financial accounts data.  There is detailed guidance on this in IEIM400000+, and in particular in IEIM400100 on DAC.

Directive (EU) 2015/2376 (18 December 2015)

The second amendment (‘DAC3’) concerned exchange of tax rulings and advanced pricing agreements.  There is detailed guidance on exchange of rulings at IEIM500000+, and in particular in IEIM550000+ on exchange of rulings under the Directive.

Directive (EU) 2016/881 (3 June 2016)

The third amendment (‘DAC4’) implemented the framework for exchange of Country by Country Reporting, arising from the BEPS action plan, in the EU.  There is detailed guidance on Country by Country Reporting at IEIM300000+.

Directive (EU) 2016/2258 (6 December 2016)

The fourth amendment (‘DAC5’) requires tax authorities to have access to information collected for the purposes of the EU Anti-Money Laundering Directive, in order to support areas where this is relied upon for the functions of the DAC.