EU mandatory disclosure: Irish guidance notes at a glance

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


EU mandatory disclosure: Irish guidance notes at a glance

Sponsored by

sponsored-firms-matheson.png
IRAS has published an e-guide to provide guidance on the tax framework.

Michelle Daly of Matheson looks at the key features included in Ireland’s guidance notes concerning the practical application of DAC6

Like tax authorities in many other countries, the Irish tax authorities recently confirmed that the first filing deadline date under DAC6 will be extended for six months. Notwithstanding this extension, advisers in Ireland are continuing to focus on the practical application of DAC6 and the Irish tax authorities have recently published their guidance notes (the Guidance). Some interesting points have arisen from this Guidance, a few of which this article focuses on.

Main benefit test – is tax just the ‘icing on the cake’?




The Guidance specifically refers to the idea of a tax advantage only being one of a number of benefits. The Guidance notes that if the advantage is simply ‘the icing on the cake’, it would not satisfy the main benefit test. 



Substantially standardised documentation



The Guidance confirms that this hallmark is targeted at ‘mass-marketed’ or ‘off the shelf’ schemes. This is certainly a helpful acknowledgement as a significant number of genuine commercial transactions could be reportable if this hallmark were interpreted broadly (e.g. where market standard precedent documentation is updated for use in a particular transaction). 



The Guidance confirms that this hallmark is targeted at documentation which is substantially pre-prepared and requires little, if any, modification to suit a particular client. Irish Revenue note that there must be a link between the use of substantially standardised documentation and the tax advantage or benefit which is intended to be obtained. The Guidance also clarifies that documentation which is standardised for legal or regulatory reasons in routine financial transactions would not necessarily be reportable. 



Contrived steps to acquire a loss-making company



The Guidance expressly notes that steps will be contrived where they are “pre-planned and artificial” and whether or not a transaction falls within this hallmark should be “evident from the facts of the case”. Therefore, the current expectation in Ireland is that this hallmark will only be relevant in limited circumstances where it is clear that deliberate steps were taken to acquire a loss-making company specifically to reduce a tax liability. 



Converting income into capital or something that is taxed at a lower rate or exempt from tax



The Guidance expressly notes that commercial transactions are unlikely to fall within this hallmark. However, the hallmark could be interpreted broadly and the Guidance suggests that some commercial transactions will need to be reviewed very carefully, including a fund that is a ‘wrapper’ for investment in underlying assets, stock lending and repo transactions, a finance lease and the disposal of a right to an income stream. It is difficult to see how a finance lease could fall within this hallmark. 



The Guidance notes that it would be necessary to quantify, and then compare, the tax which would have been payable had the conversion of income not taken place.



Circular transactions involving the round-tripping of funds



The Guidance states that it will be clear if the round-tripping serves no commercial purpose and is done solely to create a tax advantage. Irish Revenue have given the example of arrangements involving routing domestic funds through offshore entities in order to access preferential tax treatment that is only available to investors from other jurisdictions as something which would be reportable. In Ireland, these types of transactions are rarely seen. 



Anti-hybrids



Interestingly, the Guidance states that the hallmarks in category C are targeted at hybrid arrangements. Whilst Irish Revenue have not yet provided any detailed commentary or examples on category C hallmarks, this general observation is expected to help identify what may or may not be within the scope of this hallmark. 



Unilateral safe harbour from transfer pricing



The Guidance clarifies that this hallmark contemplates arrangements which involve a safe harbour from the transfer pricing rules only. It does not apply where a particular category of taxpayer or transaction falls outside of the scope of our domestic transfer pricing rules in the first instance. For example, small to medium enterprises are excluded from Ireland’s transfer pricing rules so would similarly fall outside the scope of this hallmark. 



What’s next?



Industry hopes for further clarification of Irish Revenue’s interpretation of hallmarks C. 





Michelle Daly

T: +353 1 232 2154

E:michelle.daly@matheson.com

more across site & shared bottom lb ros

More from across our site

Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Tax authorities have gained unprecedented transparency through CbCR, but a new study suggests they may not be looking in the right places
The future chief tax officer will be judged not only on compliance, but on their ability to harness data, technology and AI to support strategic decision-making
More than 200 tier promotions reshaped this year's European rankings as several international firms strengthened their positions in key tax markets
Ryosuke Takemura, OECD policy adviser, countered that the organisation’s role is ‘not to solve these issues one by one’ but to prevent tax disputes in general
Gift this article