In the context of the review of the third draft amending finance law for 2020, the French Parliament has opted, as offered by Council Directive (EU) 2020/876 of 24 June 2020 due to the Covid-19 health crisis, for a six-month extension of deadlines for the reporting of potentially aggressive tax planning arrangements. The measure amends Ordinance 2019-1068 of 21 October 2019 as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, which transposed the provisions of Council Directive 2008/822 of 25 May 2018 (referred as "DAC 6") into French law.
As in the directive of 24 June, three extensions are provided by the text voted:
- for stocks of cross-border arrangements, i.e. those for which the first step was implemented between 25 June 2018 and 30 June 2020, the reporting deadline for intermediaries and taxpayers mentioned in Article 1649 AE of the French General Tax Code is extended from 31 August 2020 to 28 February 2021 at the latest;
- for cross-border arrangements made available for implementation, ready for implementation or the first stage of which was implemented between 1 July and 31 December 2020, as well as for the provision of aid, assistance or advice by an intermediary during this same period, the starting point of the thirty-day period for reporting the information provided for in 1° and 2° of I of Article 1649 AG of the French General Tax Code is extended from 1 July 2020 to 1 January 2021;
- for arrangements designed, marketed, ready to be implemented or made available for implementation without the need for significant customisation, the deadline for communication by intermediaries of the first quarterly update of information relating to these arrangements is extended from 31 October 2020 to 30 April 2021.
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