As of January 1, 2017 the EU Member States have to apply the measures the laws, regulations and administrative provisions they adopted to comply with Council Directive (EU) 2015/2376 of 8 December 2015 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation (This Council Directive contains rules regarding the mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangements).

The new regulations arrange that the competent authorities of an EU Member State, where an advance cross-border ruling or an advance pricing arrangement was issued, amended or renewed after December 31, 2016 shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States as well as to the European Commission. The exchange of information shall take place as within three months following the end of the half of the calendar year during which the advance cross-border rulings or advance pricing arrangements have been issued, amended or renewed.

Furthermore the competent authorities of an EU Member State shall also communicate before January 1, 2018 information to the competent authorities of all other Member States as well as to the European Commission regarding:

·   Advance cross-border rulings and advance pricing arrangements are issued, amended or renewed between January 1, 2012 and December 31, 2013, if the ruling or pricing arrangement was still valid on January 1, 2014.

·   Advance cross-border rulings and advance pricing arrangements are issued, amended or renewed between January 1, 2014 and December 31, 2016 (irrespective of whether they are still valid).

The Directive furthermore arranges that Member States may exclude from the communication, information on advance cross-border rulings and advance pricing arrangements issued, amended or renewed before April 1, 2016 to a particular person or a group of persons, excluding those conducting mainly financial or investment activities, with a group-wide annual net turnover, as defined in point (5) of Article 2 of Directive 2013/34/EU of the European Parliament and of the Council, of less than EUR 40,000,000 (or the equivalent amount in any other currency) in the fiscal year preceding the date of issuance, amendment or renewal of those cross-border rulings and advance pricing arrangements.

Click here to be forwarded to the text of Council Directive (EU) 2015/2376 of 8 December 2015 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation.

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