Taxes Consolidation Act 1997 section 817RA

Interpretation (Chapter 3A)

Section 817RA defines the key terms used in the mandatory disclosure regime for reportable cross-border arrangements (DAC6), sets out the specified information that must be reported to Revenue, and provides that an intermediary may give evidence that it did not know it was involved in a reportable arrangement.

• Defines core terms for the mandatory disclosure regime, including "arrangement", "cross-border arrangement", "intermediary", "relevant taxpayer", "reportable cross-border arrangement", "hallmark", "tax advantage" and "associated enterprise".
• A cross-border arrangement is one involving more than one jurisdiction where specified conditions are met relating to participants' tax residence, permanent establishments, activities in other jurisdictions, or the impact on automatic exchange of information or beneficial ownership identification.
• A reportable cross-border arrangement is a cross-border arrangement containing at least one hallmark — a characteristic or feature indicating a potential risk of tax avoidance as listed in Annex IV of the DAC Directive — with certain hallmarks applying only where the main benefit test is satisfied.
• Intermediaries and relevant taxpayers must report specified information to Revenue covering the identity of all parties, details of the hallmarks triggered, a summary of the arrangement, its value, the implementation date, and the Member States concerned.