Investing in Crypto-Assets: Council Adoption of DAC8

Abstract

This article provides an update on the adoption of an amendment to the Directive on Administrative Cooperation (2011/16) (DAC) on 17 October 2023, thereby bringing crypto-assets in scope of automatic exchange of information for tax purposes (DAC8). There is a high degree of interdependency between DAC8, the Markets in Crypto-Assets Regulation (MiCA) and OECD Crypto-Asset Reporting Framework (CARF). The authors provide an overview of DAC8 and highlight certain scoping observations based on the cross-referencing between DAC8, MiCA and CARF as well as on the proposed amendments from the European Parliament’s resolution dated 13 September 2023.