The DAC: Meaning of cross-border transaction for APAs
IEIM550600: The DAC: Meaning of cross-border transaction for APAs
For the purposes of the DAC a ‘cross-border transaction’ means a transaction (or series of transactions):
- Involving associated enterprises which are not all resident for tax purposes in the territory of a single jurisdiction
- Which have a cross border impact
There is no definition of the term ‘cross border impact’, but the term should take its natural meaning.
The term ‘enterprise’ is defined at article 3 paragraph 17 as ‘any form of conducting business’.