Commission Implementing Regulation (EU) 2023/823 of 13 April 2023 laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU as regards the assessment and determination of equivalence of information in an agreement between the competent authorities of a Member State and a non-Union jurisdiction

New Commission Implementing Regulation (EU) 2023/823 as regards the specification of criteria for assessing that the information provided by non-EU states concerning the operations of system platform operators can be considered equivalent to the information provided by EU member states for purposes of the reporting requirements under Directive 2011/16/EU – the Directive on Administrative Cooperation (DAC) on taxation matters – was published in the Official Journal (OJ) of the EU.
In detail, the new implementing regulations specifies that
– the definition of „Reporting Platform Operator“ by the third-country must satisfy the EU definition with a particular focus on the threshold for reportable activities;
– the definition of „Reportable Seller“ must be in line with the EU definition;
– the definition of „Relevant Activity“ that must be reported on must satisfy the EU definition;
– it must be ensured that the due diligence procedures required by a third-country competent authority are in line with those required in the EU;
– it must be ensured that the reporting requirements of a third-country competent authority can be considered equivalent to the one stipulated in Annex V of the DAC; and
– it must be ensured that the third-country competent authority has procedures and policies in place for the effective enforcement of the due diligence and reporting rules.
Furthermore, the implementing regulation stipulates that – where any one of the above noted provisions is not satisfied or where a „reporting platform operator“ is not considered such in the third-country – then the third-country operator must register with the EU member state it is operating in and report information on „Reportable Sellers“ to that member state.