Structuring alternative investments in the post-BEPS era - module 4: the mandatory disclosure regime (DAC6)

PRESENTATION

Module 4 - 11/05/2023 - 2 to 5 PM : the mandatory disclosure regime (DAC6)

Under the mandatory disclosure regime (“MDR”), tax intermediaries such as tax advisers, accountants and lawyers that design, promote or provide assistance in regard to certain cross-border arrangements have to report these to the tax authorities. Since the implementation of the MDR, the analysis of potential reporting obligations has become an integral part of each and every tax analysis. 

The MDR operates through a system of hallmarks that may trigger reporting obligations and the main benefit test (“MBT”) that functions as a threshold requirement for many of these hallmarks. As such, the MBT should filter out irrelevant reporting and enhance the usefulness of the information collected because the focus will be on arrangements that have a higher probability of truly presenting a risk of tax avoidance.

However, how are reportable cross-border arrangements determined? How should some of the more ambiguous hallmarks be interpreted? And, what is a reasonable approach towards the interpretation of the main benefit test (MBT)? All these questions will be answered during this webinar organised in co-operation with Legitech.

• Introduction

• Key features of the disclosure regime

• Arrangements, intermediaries and other interpretation issues

• The hallmarks of reportable arrangements

• The main benefit test (MBT) – Developing a reasonable approach

• Managing DAC 6 obligations in practice

• Case studies

• • The Real Estate Fund

  • The Private Equity Fund

• DAC6Connect – The IT solution for DAC 6 reporting obligations

OLIVER R. HOOR
Tax Partner and Head of Transfer Pricing, ATOZ Tax Advisers

Oliver is a Partner in the International & Corporate Tax department at ATOZ.

A tax professional since 2003, Oliver has experience in Luxembourg and international taxation with a focus on alternative Investments (private equity, real estate, sovereign wealth funds, hedge funds), mergers & acquisitions and multinational groups. He advises clients on all direct tax aspects regarding deal structuring, maintenance, reorganisations and exit planning. He also holds the titles of Head of Transfer Pricing and of the German Desk.

Oliver is the author of more than 250 articles and books on Luxembourg and international taxation including Transfer Pricing and related documentation requirements, the OECD Base Erosion and Profit Shifting (BEPS) Project and the EU Anti-Tax Avoidance Directives (ATAD 1/ATAD 2), reporting obligations of tax intermediaries (DAC6), the OECD Model Tax Convention and Tax Treaties, EU Law and the State Aid investigations of the EU Commission (see www.atoz.lu/media-room). He is also a regular speaker at conferences as well as being a lecturer with Legitech and ILA.

Oliver is qualified as a Chartered Accountant in Luxembourg ("Expert-Comptable") and is a certified German tax adviser (Steuerberater). He holds a post-graduate degree in Luxembourg Tax and a degree in Business Administration with a major in Tax from the University of Applied Sciences of Trier, Germany.

ROMAIN TIFFON                                                                                                  Tax Partner, ATOZ Tax Advisers

Romain is a Partner in the International & Corporate Tax department at ATOZ.

A tax professional since 2006, Romain has experience in structuring Pan-European alternative investment funds across all asset classes, as well as coordinating tax structuring advice and implementation for a wide range of institutional investors. He has also extensive experience in structured finance, mergers & acquistions transactions, and sovereign wealth funds.

Romain is a member of the Tax Committee of the American Bar Association (ABA), New York State Bar Association (NYSBA), International Bar Association (IBA), and of the Tax Group of the British Chamber of Commerce (BCC) in Luxembourg.

Romain is admitted to practice as an Attorney and Counselor-at-Law in New York State, the United States. He holds a Master’s degree in Tax Law from the Université Panthéon Sorbonne (Paris I), a Master’s degree in Business Law from Université Panthéon Assas (Paris II) and a LLB degree from the London School of Economics and Political Science.

He speaks English and French.

FANNY BUEB
Tax Prinicpal,  ATOZ Tax Advisers

Fanny is a Principal in the International & Corporate Tax department at ATOZ, and is a member of the core Transfer Pricing team.

A tax professional since 2011, Fanny worked in the accounting sector for 2 years in France before focusing on international tax in Luxembourg. She has experience in relation to the structuring of alternative investments via Luxembourg (private equity, real estate, hedge funds, etc) as well as mergers & acquisitions, in particular for multinational groups. She provides tax advisory services to clients in the Luxembourg banking area with a particular focus on the treatment of transactions under Luxembourg GAAP and IFRS.

Fanny holds a post-graduate degree in Luxembourg Tax, a Master’s degree in Accounting (French GAAP, IFRS), Finance and Management and a Master’s degree in Business and Tax Law from the University of Strasbourg in France.

She speaks French and English.

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