The Transposition to the Spanish Tax Order of the Regulatory Directive of the Automatic and Obligatory Exchange of Information Concerning the Called Cross-Border Mechanisms

Consequences in the Legal Fields of Privacy and Security

Abstract

The purpose of this paper is to analyze the process of transposition to our internal system of Council Directive (EU) 2018/822 of May 25, 2018, which modifies Directive 2011/16 / EU as regards the automatic and mandatory exchange of information in the scope of taxation in relation to cross-border mechanisms subject to information communication. The ultimate goal of the new regulation incorporated is none other than to guarantee that the communication of information on potentially aggressive cross-border tax planning mechanisms contribute effectively to efforts to create an environment of tax equity in the internal market, establishing the obligation for intermediaries to inform the tax authorities on certain cross-border mechanisms that could potentially be used for abusive tax planning practices and drawing up a list of characteristics and elements of operations that show clear signs of tax evasion or fraud called " hallmarks".