Mandatory Disclosure Rules

Mandatory Disclosure Rules
This book aims to provide tax authorities, policymakers, courts and practitioners with a systematic legal comparison of domestic mandatory disclosure regimes or comparable rules, which are either based on BEPS Action 12/DAC6 or were in force prior to these instruments.

Why this book?

The OECD Action 12 Final Report on mandatory disclosure rules, published in 2015, provides a modular framework for countries to design a disclosure regime to elicit early information relating to aggressive or abusive international tax schemes and the promoters and users of such schemes. The recommendations give countries the flexibility to balance their interest in obtaining information with the compliance costs on taxpayers. The uptake of Action 12 has received significant impetus within the European Union, owing to Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU regarding mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements (known as DAC6). DAC6 obligates EU Member States to implement mandatory reporting of cross-border arrangements affecting at least one EU Member State that falls within one of the “hallmarks”. The aim of this book is to provide tax authorities, policymakers, courts and practitioners with a systematic legal comparison of domestic mandatory disclosure regimes or comparable rules, which are either based on BEPS Action 12/DAC6 or were in force prior to these instruments. The comparison also considers issues arising from implementation with respect to legal professional privilege, interaction with other domestic procedural rules and fundamental rights.

The book comprises 39 national reports from countries across the globe and is the outcome of an online conference that facilitated scientific exchange among the national reporters. This was due to the continuing special circumstances on account of the COVID-19 situation during 2021 that obligated switching the mode of the conference, which should have taken place from 1 to 3 July 2021 in Rust, Burgenland, Austria, to an online format. A general report highlights the most important findings.

This book is part of the WU Institute for Austrian and International Tax Law - Tax Law and Policy Series

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Editor(s)

Georg Kofler, Michael Lang, Jeffrey Owens, Pasquale Pistone, Alexander Rust, Josef Schuch, Karoline Spies, Claus Staringer and Rita Szudoczky are professors at WU Vienna University of Economics and Business, Institute for Austrian and International Tax Law.

Stefanie Gombotz and Ashrita Prasad Kotha are teaching and research associates at WU Vienna University of Economics and Business, Institute for Austrian and International Tax Law.

Mandatory Disclosure Rules
https://doi.org/10.59403/10gqh1f
General Report
https://doi.org/10.59403/10gqh1f001
Chapter 1: Mandatory Disclosure Rules in Argentina
https://doi.org/10.59403/10gqh1f002
Chapter 2: Mandatory Disclosure Rules in Australia
https://doi.org/10.59403/10gqh1f003
Chapter 3: Mandatory Disclosure Rules in Austria
https://doi.org/10.59403/10gqh1f004
Chapter 4: Mandatory Disclosure Rules in Belgium
https://doi.org/10.59403/10gqh1f005
Chapter 5: Mandatory Disclosure Rules in Brazil
https://doi.org/10.59403/10gqh1f006
Chapter 6: Mandatory Disclosure Rules in Bulgaria
https://doi.org/10.59403/10gqh1f007
Chapter 7: Mandatory Disclosure Rules in Canada
https://doi.org/10.59403/10gqh1f008
Chapter 8: Mandatory Disclosure Rules in China (People’s Rep.)
https://doi.org/10.59403/10gqh1f009
Chapter 9: Mandatory Disclosure Rules in Colombia
https://doi.org/10.59403/10gqh1f010
Chapter 10: Mandatory Disclosure Rules in Croatia
https://doi.org/10.59403/10gqh1f011
Chapter 11: Mandatory Disclosure Rules in Cyprus
https://doi.org/10.59403/10gqh1f012
Chapter 12: Mandatory Disclosure Rules in the Czech Republic
https://doi.org/10.59403/10gqh1f013
Chapter 13: Mandatory Disclosure Rules in Ethiopia
https://doi.org/10.59403/10gqh1f014
Chapter 14: Mandatory Disclosure Rules in Finland
https://doi.org/10.59403/10gqh1f015
Chapter 15: Mandatory Disclosure Rules in Germany
https://doi.org/10.59403/10gqh1f016
Chapter 16: Mandatory Disclosure Rules in Hungary
https://doi.org/10.59403/10gqh1f017
Chapter 17: Mandatory Disclosure Rules in India
https://doi.org/10.59403/10gqh1f018
Chapter 18: Mandatory Disclosure Rules in Indonesia
https://doi.org/10.59403/10gqh1f019
Chapter 19: Mandatory Disclosure Rules in Ireland
https://doi.org/10.59403/10gqh1f020
Chapter 20: Mandatory Disclosure Rules in Israel
https://doi.org/10.59403/10gqh1f021
Chapter 21: Mandatory Disclosure Rules in Italy
https://doi.org/10.59403/10gqh1f022
Chapter 22: Mandatory Disclosure Rules in Kenya
https://doi.org/10.59403/10gqh1f023
Chapter 23: Mandatory Disclosure Rules in Luxembourg
https://doi.org/10.59403/10gqh1f024
Chapter 24: Mandatory Disclosure Rules in Mexico
https://doi.org/10.59403/10gqh1f025
Chapter 25: Mandatory Disclosure Rules in North Macedonia
https://doi.org/10.59403/10gqh1f026
Chapter 26: Mandatory Disclosure Rules in Norway
https://doi.org/10.59403/10gqh1f027
Chapter 27: Mandatory Disclosure Rules in Poland
https://doi.org/10.59403/10gqh1f028
Chapter 28: Mandatory Disclosure Rules in Portugal
https://doi.org/10.59403/10gqh1f029
Chapter 29: Mandatory Disclosure Rules in Romania
https://doi.org/10.59403/10gqh1f030
Chapter 30: Mandatory Disclosure Rules in Russia
https://doi.org/10.59403/10gqh1f031
Chapter 31: Mandatory Disclosure Rules in the Slovak Republic
https://doi.org/10.59403/10gqh1f032
Chapter 32: Mandatory Disclosure Rules in South Africa
https://doi.org/10.59403/10gqh1f033
Chapter 33: Mandatory Disclosure Rules in Spain
https://doi.org/10.59403/10gqh1f034
Chapter 34: Mandatory Disclosure Rules in Sweden
https://doi.org/10.59403/10gqh1f035
Chapter 35: Mandatory Disclosure Rules in Switzerland
https://doi.org/10.59403/10gqh1f036
Chapter 36: Mandatory Disclosure Rules in the Netherlands
https://doi.org/10.59403/10gqh1f037
Chapter 37: Mandatory Disclosure Rules in Ukraine
https://doi.org/10.59403/10gqh1f038
Chapter 38: Mandatory Disclosure Rules in the United Kingdom
https://doi.org/10.59403/10gqh1f039
Chapter 39: Mandatory Disclosure Rules in the United States
https://doi.org/10.59403/10gqh1f040