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The 'DAC 6' and its compatibility with some of the founding principles of the European legal system(s) Andrea Ballancin & Francesco Cannas

By: Ballancin, Andrea.
Contributor(s): Cannas, Francesco.
Material type: ArticleArticlePublisher: 2020Subject(s): DAC 6 | INTERCAMBIO DE INFORMACION TRIBUTARIA | OPERACIONES TRANSFRONTERIZAS | INTERMEDIARIOS FISCALES | ELUSION FISCAL | PLANIFICACION FISCAL INTERNACIONAL | UNION EUROPEA In: EC Tax Review v. 29, Issue 3, June 2020, p. 117-125Summary: This article first proposes a critical description of the primary points of the European Council Directive known as the 'DAC 6'. The description is contextualized in the findings of the Base Erosion and Profit Shifting (BEPS) Project. Subsequently, the authors address some of the main points raised by scholars and commentators with regard to its contents, especially the possibility that the mandatory disclosure rules clash with the professional privilege of certain tax advisors, the principle against self-incrimination, or the risk that it will initiate a "race to the bottom" in the sanctioning powers to be exercised by Member States.
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Resumen.

This article first proposes a critical description of the primary points of the European Council Directive known as the 'DAC 6'. The description is contextualized in the findings of the Base Erosion and Profit Shifting (BEPS) Project. Subsequently, the authors address some of the main points raised by scholars and commentators with regard to its contents, especially the possibility that the mandatory disclosure rules clash with the professional privilege of certain tax advisors, the principle against self-incrimination, or the risk that it will initiate a "race to the bottom" in the sanctioning powers to be exercised by Member States.

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