[Translate to English:] Ansicht Campus WU

"Mandatory Disclosure Rules" (2021)

The Institute for Austrian and International Tax Law, WU Vienna University for Economics and Business, in cooperation with the Doctoral Program in International Business Taxation organized the conference: "Mandatory Disclosure Rules".

The conference took place as an online event on July 1-3, 2021.

The conference focused on the implementation and effects of “Mandatory Disclosure Rules” (MDR) as proposed in the OECD report to BEPS Action 12 and comparable disclosure rules, both within the EU and in non-EU countries. The report to BEPS Action 12 includes recommendations and a modular framework for the design of rules to require taxpayers and advisors to disclose aggressive tax planning arrangements to the tax authorities. These recommendations seek a balance between the need for early information on aggressive tax planning schemes by tax authorities and legislatures with a requirement that disclosure is appropriately targeted, enforceable and avoids placing undue compliance burden on taxpayers. Within the EU, Council Directive (EU) 2018/822 of 25 May 2018 (known as “DAC 6”), amending the Directive on Administrative Cooperation, obliges EU Member States to implement mandatory reporting of cross-border arrangements that fall within one of a number of “hallmarks” (broad categories setting out particular characteristics identified as potentially indicative of aggressive tax planning); in most EU Member States these rules already entered into force in summer 2020. The format of the conference provided for a highly interactive environment in which reporters from all over the world shared their countries positions and experiences regarding the specific implementation and impact of MDR on tax planning schemes, compliance, legislation and the relationship between taxpayers, advisers and tax authorities. The discussion started by identifying whether their jurisdictions have implemented MDR or comparable disclosure rules and the presumed objective and proven impact of those rules (with reference to studies/statistics, if available). Further on, reporters gave an overview on the scope of the disclosure rules regarding the covered arrangements (e.g. hallmarks), any threshold requirement (e.g. main benefit test), the reportable persons (e.g. intermediaries), procedural aspects (e.g. time limits) and consequences of non-reporting (sanctions). In addition, reporters provided a critical analysis of the rules and discussed criticism raised by various stakeholders in their country (e.g. potential violations of fundamental rights, excessive compliance, etc). Using the comparative approach in the analysis, we aimed to provide the practical assessment of the MDR, its effectiveness and its expected practical impact in the future.

Additionally we invited doctoral candidates in this field to apply for the DIBT doctorate workshop, in which they were able to present their research to an interested audience.

Please find the conference questionnaire and invitation below: