The EACB considers that consolidating DAC 1-9 will not reduce administrative burdens, as these rules have already been transposed into national law. However, overlaps, notably between DAC 4 and DAC 9, should be addressed to avoid unnecessary duplication and compliance costs.
Regarding DAC 6, EACB questions its added value, as there is little evidence that the reporting framework has produced meaningful legislative or analytical outcomes, despite imposing significant administrative burdens. EACB therefore calls for either the removal of DAC 6 or, if this is not possible:
- Extending the reporting deadline from 30 days to 6 months.
- Ensuring a level playing field across Member States, particularly in light of differing legal professional privilege rules.
- Excluding banks from the intermediary definition, given their limited visibility over clients’ broader tax arrangements.
- Removing certain hallmarks, notably E3, or subjecting them to the Main Benefit Test to ensure reporting focuses on genuinely tax-driven structures.