On 17 February 2021, the Luxembourg Tax Authorities has modified guidelines concerning the mandatory disclosure and exchange of cross-border tax arrangements (DAC6) as per Council Directive (EU) 2018/822 of 25 May 2018.

The following headings have been added to the guidelines:

  • Brexit – Impact on the reporting and notification obligations of the intermediaries and taxpayers concerned in Luxembourg;
  • Marketable devices – Markers A.3 (Article 2, paragraph 2; Annex – Markers); and
  • Participant device (section 1, point 1).

The following topics have been updated:

  • Marketable devices – Quarterly update of the declaration (Article 2, paragraph 2);
  • Form and modalities of transmission of information – Mandatory information, but of which the declarant is not aware (article 10); and
  • Information to be transmitted – Detailed information on the legal provisions of the states concerned that underlie the border device (Article 10, paragraph 1 st , e); article 10, paragraph 2).