(March 12, 2015) 

On March 12, 2015 the Irish Revenue issued Revenue eBrief No. 30/15: “Arrangements for implementing spontaneous exchange of information of Revenue opinions on cross-border transactions or situations - Council Directive 2011.16.EU”. The eBrief contains a link to Tax and Duty Manual “37.00.35 Revenue arrangements for implementing spontaneous exchange of information in respect of opinions/confirmations under Council Directive 2011/16/EU”. According to the eBrief and the Manual the arrangements set out in the Tax Manual apply with immediate effect.

From the eBrief: 

“Council Directive 2011/16/EU on administrative cooperation in the field of taxation provides for the exchange of information between the tax authorities of EU Member States. The Directive applies to all taxes other than value-added tax, EU excise duties and customs duties. It was transposed into Irish law by the European Union (Administrative Cooperation in the Field of Taxation) Regulations 2012.

Under Regulation 4 of the Regulations, the Revenue Commissioners are the competent authority for Ireland for the purposes of the Directive. Arrangements for implementing the Directive, insofar as it requires the communication to other Member States of information in respect of Revenue opinions which are foreseeably relevant to tax administration and collection in those other Member States, are set out in a new Tax and Duty Manual. Examples of opinions that are subject to spontaneous exchange and the details of the information to be exchanged are presented in the manual.”

Subjects discussed in the manual include a.o.: 

·       EU requirements in relation to spontaneous exchange of information in respect of cross-border rulings;

·       Examples of cross-border rulings to be spontaneously exchanged;

·       Information to be exchanged;

·       Information to be provided when requesting a cross-border opinion/confirmation;

·       Confidentiality of taxpayer information;

·       Information on cross-border rulings received from other Member States; and

·       Implementation of these arrangements.

Click here to be forwarded to Revenue eBrief No. 30/15 as published on the website of the Irish Revenue, which will open in a new window.

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