New Zealand: Commission Implementing Regulation (EU) 2023/2693

New Commission Implementing Regulation (EU) 2023/2693 as regards an equivalence decision relating to the exchange of information between New Zealand and various EU member states under Council Directive 2011/16/EU dealing with administrative cooperation in taxation matters was published in the Official Journal of the EU.
Specifically, the implementing regulation specifies that the information to be exchanged between New Zealand and Belgium, Bulgaria, Croatia, Cyprus, Estonia, Finland, Ireland, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain and Sweden under the „Multilateral Competent Authority Agreement“ on the automatic exchange of information on income derived through digital platforms (DPI-MCAA) is considered equivalent to corresponding provisions under the above noted Directive.
#### The equivalence determination thereby applies to
– rental of immovable property and the performance of a personal service defined as a service „involving time- or task-based work performed by one or more individuals, acting either independently or on behalf of an Entity, and which is carried out at the request of a user, either online or physically offline after having been facilitated via a Platform“ (Annex V, Section I, subparagraph A(11)); and
– rental activities involving any transportation and the sale of tangible property (Annex V, Section 1, subparagraph C(9)).
Furthermore, the determination shall only apply, if the DPI-MCAA is being concluded through the activation of the exchange relationship between New Zealand and the noted EU member states in accordance with Section 7 of the OECDs Model Reporting Rules for Digital Platforms.