Luxembourg DAC 6 Reporting specifications released

On 14 October 2020, the Luxembourg tax authorities (“LTA”) published the Luxembourg draft DAC 6 XSD schema alongside a “MyGuichet” user guide. MyGuichet is already fostered by the Luxembourg government for a wide range of online services, such as Country-by-Country reporting (DAC 4) and corporate tax returns.

The LTA will hereby provide two ways to report DAC 6 reportable cross-border arrangements via MyGuichet:

1. A manual encoding of relevant data directly into the MyGuichet portal; or
2. An upload of a DAC 6 XML report on the portal.

Irrespective of the modality chosen, declarant (i.e. intermediaries and/or relevant taxpayers) should bear in mind the following main features of the reporting process:

• Information reported either by the relevant taxpayers or by the intermediaries (e.g. relevant hallmarks and legal provisions, affected parties and Member States, related parties etc) is more qualitative than quantitative and would need to rely on a thorough DAC 6 analysis rather than from a mere extraction of an IT system.
• The reporting language must be English for the summary of the content of the reportable cross-border arrangement and the details of the national provisions that form the basis of the reportable cross-border arrangement as well as any other free text fields regardless of the language used for the process.
• The user guide confirms that the LTA will issue an “Arrangement ID” and a “Disclosure ID” to the declarant for each filing. The Arrangement ID is related to the content of the DAC 6 reportable cross border arrangement. The first declarant must provide this Arrangement ID to every concerned person of the same arrangement in Luxembourg or in another EU member state he is aware of. The Disclosure ID is provided for each disclosure and is a different to the Arrangement ID. The Disclosure ID is reserved to the declarant and must not be communicated. The Disclosure ID will be needed to consult again the filing performed and in the case of an amended filing.
• The LTA will issue after the filing of a DAC 6 report for a given arrangement, a “certificate of disclosure” that could be used as a proof by other declarant wishing to apply for a waiver of their own reporting obligation (at least in Luxembourg).
• The declarant has to provide the name and contact details of a contact person to which the LTA can reach out to in case of questions.

The DAC 6 module of MyGuichet is announced to go live on 1 January 2021.

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