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AI Summary of Article 1

This amendment to Directive 2011/16/EU significantly enhances automatic information exchange among Member States, particularly concerning income categories and cross-border taxation matters. Key updates include the introduction of mandatory reporting for Crypto-Asset Service Providers and clearer definitions surrounding non-custodial dividend income and life insurance products not covered by existing regulations.

Moreover, the revised framework strengthens the obligations of Member States to ensure transparency and compliance, with specific provisions for due diligence and record-keeping. These changes aim to bolster tax compliance, mitigate tax evasion risks, and enhance cooperation within the EU’s tax administration landscape.

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 13 November 2023 - onwards
Version 2 of 2

Article 1

Directive 2011/16/EU is amended as follows:

(1) Article 3 is amended as follows:

(a) point 9 is amended as follows:

(i) in the first subparagraph, point (a) is replaced by the following:

'(a) for the purposes of Article 8(1) and Articles 8a to 8ad, the systematic communication of predefined information to another Member State, without prior request, at pre-established regular intervals. For the purposes of Article 8(1), reference to available information relates to information in the tax files of the Member State communicating the information, which is retrievable in accordance with the procedures for gathering and processing information in that Member State;';

(ii) in the first subparagraph, point (c) is replaced by the following:

'(c) for the purposes of provisions of this Directive other than Article 8(1) and (3a) and Articles 8a to 8ad, the systematic communication of predefined information provided in the first subparagraph, points (a) and (b), of this point.';

(iii) the second subparagraph is replaced by the following: