On 10 October 2019, the Economic and Financial Affairs Council updated the EU list of ‘non-cooperative’ jurisdictions for tax purposes. The list, first adopted in December 2017, is regularly updated.

The ‘list’ actually has 2 parts. Annex I contains those jurisdictions deemed to be non-cooperative for tax purposes. Annex II contains a ‘watch-list’ for inclusion in Annex I.

Notably in this most recent update, the UAE has been removed from Annex I. Switzerland and other jurisdictions have been removed from Annex II. Nine jurisdictions now remain on Annex I: American Samoa, Belize, Fiji, Guam, Oman, Samoa, Trinidad and Tobago, the US Virgin Islands and Vanuatu.

The list is particularly relevant to the EU’s cross-border tax planning arrangements disclosure regime (Council Directive (EU) 2018/822, or “DAC6”). Whether or not a jurisdiction is included in the EU list of non-cooperative jurisdictions determines the application or otherwise of DAC6 ‘category C’ hallmark arrangements.

To view the updated EU list, see here.