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
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Contributor(s): Cannas, Francesco
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Material type: 







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Artículos | IEF | IEF | OP 2141-B/2020/3-2 (Browse shelf) | Available | OP 2141-B/2020/3-2 |
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OP 2141B/2020/29/4-5 New VAT rules for E-Commerce | OP 2141-B/2020/3 EC Tax Review | OP 2141-B/2020/3-1 Tax treatment of the PEPP | OP 2141-B/2020/3-2 The 'DAC 6' and its compatibility with some of the founding principles of the European legal system(s) | OP 2141-B/2020/3-3 E-commerce, VAT and customs | OP 2141-B/2020/3-4 Company in organization under EU Parent-Subsidiary and Merger Directives | OP 2141-B/2020/3-5 The qualitative requirements of tax law, three recent judgments of the ECtHR |
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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