Council Directive (EU) 2023/2226 amending Directive 2011/16/EU on administrative cooperation in the field of taxation

Author (Corporate)
Series Title
Series Details 2023/2226
Publication Date 24/10/2023
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Summary:

Directive (EU) 2023/2226 - adopted by the Council of the European Union of 17 October 2023 - introducing amendments to Directive 2011/16/EC to include reporting requirements on crypto-assets, e-money and central bank digital currencies. The document is also known as the draft DAC8 / DAC 8.

Further information:

Directive 2011/16/EU - also known as Directive on Administrative Cooperation (DAC) - lays down the rules and procedures that national authorities in Member States of the European Union (EU) must apply when exchanging information on tax matters. The emergence of alternative means of payment and investment, such as crypto-assets and e-money, has been seen as posing substantial risks for tax evasion. This context led the European Commission to announce in its Action Plan for fair and simple taxation supporting economic recovery in the EU the intention to update this legislative framework. The Council of the European Union adopted conclusions in support of this plan in November 2020, and the European Parliament adopted a related Resolution in March 2022.

This Directive seeks to improve Member States' ability to detect and counter tax fraud, tax evasion and tax avoidance, by requiring all crypto-asset providers based in the EU – irrespective of their size – to report transactions of clients residing in the EU. It also extends the scope to include reporting obligations of financial institutions regarding e-money and central bank digital currencies and the automatic exchange of information on advance cross-border rulings used by natural persons.

The draft law was adopted by the European Commission on 8 December 2022. The Council of the European Union reached an agreement on a position for this file on 16 May 2023. Under the consultation procedure, the European Parliament adopted its Opinion on 13 September. The Council adopted the final text of the Directive on 17 October 2023. The Act was signed on that same day and published in the Official Journal on 24 October 2023.

Source Link http://data.europa.eu/eli/dir/2023/2226/oj
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Commentary and Analysis
European Parliament: Legislative Train Schedule: DAC8 - Tax transparency rules for crypto-asset transactions https://www.europarl.europa.eu/legislative-train/theme-an-economy-that-works-for-people/file-fight-tax-evasion-and-make-taxation-simple-and-easy
Ernst&Young (EY): Tax News Update, 09/12/2022: EU publishes Directive proposal on tax transparency rules for crypto-assets https://globaltaxnews.ey.com/news/2022-6190-eu-publishes-directive-proposal-on-tax-transparency-rules-for-crypto-assets
PricewaterhouseCoopers (PwC): Tax Policy Alert, 14/12/2022: European Commission publishes crypto and other revised reporting proposals for tax (DAC8) https://www.pwc.com/gx/en/tax/newsletters/tax-policy-bulletin/assets/pwc-ec-publishes-crypto-and-other-revised-reporting-proposals-for-tax.pdf
Loyens Loeff: News, 14/12/2022: New transparency rules require service providers to report crypto-asset transactions https://www.loyensloeff.com/insights/news--events/news/new-transparency-rules-require-service-providers-to-report-crypto-asset-transactions/
European Parliamentary Research Service (EPRS): Briefing, 27/01/2023: Tax transparency rules for crypto-asset transactions (DAC8) https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)739310
Bloomberg: Tax News, 30/03/2023: Sanctions Under EU Crypto Tax Reporting Excessive, Groups Say https://news.bloombergtax.com/daily-tax-report-international/sanctions-under-eu-crypto-tax-reporting-excessive-groups-say-1
Ernst & Young (EY): Tax News Update, 17/05/2023: EU finance ministers reach political agreement on updated compromise text for Directive introducing tax transparency rules for crypto assets (DAC8) https://globaltaxnews.ey.com/news/2023-0897-eu-finance-ministers-reach-political-agreement-on-updated-compromise-text-for-directive-introducing-tax-transparency-rules-for-crypto-assets-dac8

News
Politico, 10/11/2022: Brussels eyes EU crypto tax https://www.politico.eu/article/eu-commission-brussels-bitcoin-currency-eyes-eu-crypto-tax/
Politico, 26/02/2023: Crypto firms brace for ‘carpet-bombing moment’ in U.S. as Europe beckons https://www.politico.com/news/2023/02/26/europe-crypto-u-s-00084322
Le Monde, 16/05/2023: EU ministers agree on tougher tax rules for crypto transactions https://www.lemonde.fr/en/european-union/article/2023/05/16/eu-ministers-agree-on-tougher-tax-rules-for-crypto-transactions_6026865_156.html
Times of Malta, 16/05/2023: EU backs tougher tax rules on crypto transactions https://timesofmalta.com/articles/view/eu-backs-tougher-tax-rules-crypto-transactions.1031909
Reuters, 16/05/2023: EU states approve world's first comprehensive crypto rules https://www.reuters.com/technology/eu-states-approve-worlds-first-comprehensive-crypto-rules-2023-05-16/
RTÉ News, 16/05/2023: EU backs tougher tax rules on crypto transactions https://www.rte.ie/news/business/2023/0516/1383925-eu-on-cryptocurrencies/

Official
EUR-LEX: COM(2022)707: Proposal for a Council Directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:707:FIN
EUR-LEX: SWD(2022)400: Staff Working Document accompanying the Proposal - Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:400:FIN
EUR-LEX: SWD(2022)401: Staff Working Document accompanying the Proposal - Impact Assessment Report: Initiative to strengthen existing rules and expand the exchange of information framework in the field of taxation so as to include crypto-assets https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:401:FIN
EUR-LEX: SWD(2022)402: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report: Initiative to strengthen existing rules and expand the exchange of information framework in the field of taxation so as to include crypto-assets https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:402:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Taxation: administrative cooperation (2022/0413(CNS)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2022/0413(CNS)
European Commission: Taxation and Customs Union: Administrative cooperation in (direct) taxation in the EU https://taxation-customs.ec.europa.eu/taxation-1/tax-co-operation-and-control/general-overview/enhanced-administrative-cooperation-field-direct-taxation_en
European Commission: Press Release, 08/12/2022: Taxation: New transparency rules require service providers to report crypto-asset transactions https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7513
European Commission: Questions and Answers: DAC8 (8 December 2022) https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_7517
Council of the European Union: Press Release, 16/05/2023: Cooperation between national taxation authorities: Council puts the spotlight on crypto-assets and the wealthiest individuals https://www.consilium.europa.eu/en/press/press-releases/2023/05/16/cooperation-between-national-taxation-authorities-council-puts-the-spotlight-on-crypto-assets-and-the-wealthiest-individuals/
European Commission: Press Release, 16/05/2023: New tax transparency rules will help Member States shine a light on the crypto-asset sector https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2725
Council of the European Union: Press Release, 17/10/2023: Council adopts directive to boost cooperation between national taxation authorities (DAC8) https://www.consilium.europa.eu/en/press/press-releases/2023/10/17/council-adopts-directive-to-boost-cooperation-between-national-taxation-authorities-dac8/

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