1. Procedural aspects
    1. 1. At what date does DAC6 start being implemented in your country? Did your country opt to defer the implementation of the Directive pursuant to Council Directive (EU) 2020/876 of 24 June 2020?
    2. 2. What is the form of the declaration which must be sent to the tax authorities?
    3. 3. Does your country require other information than that provided by the Directive to be declared?
    4. 4. Does your country provide for a waiver or a specific treatment for intermediaries enjoying legal privilege?
    5. 5. Have specific rules been enacted in your country to deal with cases where several intermediaries are subject to the reporting obligation?
    6. 6. What are the penalties for failure to report?
  2. Specifities regarding reportable arrangements
    1. 1. Does your domestic legislation lay down reporting obligations in purely domestic situations?
    2. 2. Does your domestic legislation extend the scope of the reporting obligation to taxes which are not contemplated by the Directive (e.g. VAT)?
    3. 3. Does your domestic legislation provide for hallmarks which do not exist in the Directive?

chapter

DAC6 in Italy

Procedural aspects

1. At what date does DAC6 start being implemented in your country? Did your country opt to defer the implementation of the Directive pursuant to Council Directive (EU) 2020/876 of 24 June 2020?

With Legislative Decree no 100 dated 30 July 2020, the Italian government has implemented the DAC6 Directive. The same Decree, as offered by Council Directive (EU) 2020/876 of 24 June 2020 due to the COVID-19 health crisis, has provided for a six-month extension of the deadlines for reporting.

Therefore, the following deadlines apply:

  • 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 is 28 February 2021;
  • 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, the starting point of the 30-day period for reporting is 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 30 April 2021.

2. What is the form of the declaration which must be sent to the tax authorities?

The declaration shall be made electronically via the secure web channels of the Revenue Agency, Entratel or Fisconline.

3. Does your country require other information than that provided by the Directive to be declared?

No.

Italy gives intermediaries a right to a waiver from filing information on a reportable cross-border arrangement with regard to information that the intermediary receives from his client, or obtains from the latter during the course of the review of the client’s legal position or of the assistance in a judicial proceedings or in connection with such proceedings, including the advice on the opportunity to try or avoid a trial.

The intermediary also has a right to a waiver from filing information on a reportable cross-border arrangement when the information reported may give rise to his criminal liability.

In any case, the information reported pursuant to the obligations set out by the Decree do not constitute breach of any obligation of confidence existing under the law or contractual agreements.

In case of waiver, the intermediary shall notify another intermediary or, if there is none, the relevant taxpayer, in order for them to declare.

5. Have specific rules been enacted in your country to deal with cases where several intermediaries are subject to the reporting obligation?

The intermediary is exempted from reporting if he can prove that the cross-border arrangement has been reported by another intermediary in Italy or in another EU Member State or in a non-EU jurisdiction which has an effective exchange of information agreement in place with Italy.

6. What are the penalties for failure to report?

Failure to report shall result in the application of an administrative penalty ranging from EUR 3,000–31,500.

Incomplete or irregular reporting shall result in the application of an administrative penalty ranging from EUR 1,000–10,500.

Specifities regarding reportable arrangements

This part aims at identifying statutory rules which depart from the Directive.

1. Does your domestic legislation lay down reporting obligations in purely domestic situations?

No.

2. Does your domestic legislation extend the scope of the reporting obligation to taxes which are not contemplated by the Directive (e.g. VAT)?

No.

3. Does your domestic legislation provide for hallmarks which do not exist in the Directive?

No.