Campaign news by model
We detail the models that have undergone modifications for this campaign.
Model 234. Declaration of information on certain cross-border tax planning arrangements.
In order to take into account the amendment to article 46 of the RGAT, as a result of the changes introduced in DAC 6 by Council Directive (EU) 2023/2226 of 17 October 2023 amending Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC 8), and the new case law of the High Court of Justice of the European Union (case C-694/20), the Second Final Provision of Order HAC/266/2024 of 18 March updates Order HAC/342/2021 of 12 April approving Form 234.
Specifically, it replaces the content of form 234 "Declaration of information on certain cross-border tax planning mechanisms" of Annex I of Order HAC/342/2021, of April 12, with Annex II of Order HAC/266/2024, of March 18, and the following modifications are introduced:
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Exclusion from the content of the declaration of the data relating to the identity of intermediaries exempt from the obligation to provide information due to the duty of professional secrecy.
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Inclusion within the summary of the cross-border mechanism, the obligation to declare any information that may help the tax authorities to assess the tax risk of the mechanism.