The implementation of the DAC 6 directive is carried out with effect from 1 September 2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová

The implementation of the European DAC Directive 6 brings a new notification obligation and the subsequent automatic exchange of information on cross-border arrangements, which may be motivated by obtaining a tax advantage. The definition of cross-border arrangements which are subject to the notification obligation is regulated only in general terms and it is therefore necessary to analyse on a case-by-case basis whether or not a new legal fact is covered by a new obligation. In this context, it should be noted that the new notification obligation may apply to a wider range of arrangements than only those that have been made for tax reasons. In the Czech Republic, the notification obligation will apply in the following cases:

• cross-border arrangements, the first step of which took place between 25 June 2018 and 30 June 2020 (inclusive), must be notified by 28 February 2021 at the latest;
• cross-border arrangements that have been made available or ready for deployment or whose first step has been implemented between 1 July and 31 December 2020 must be notified by 30 January 2021 at the latest;
• cross-border arrangements that have been made available or ready for implementation or whose first step has been implemented since 1 January 2021 must be notified no later than 30 days after such decisive fact.

Can an insolvency trustee be appointed a liquidator of a company without his consent? Josef Donát, has been selected by Global Arbitration Review’s (GAR)