On 30 June 2023, the Luxembourg tax authorities (LTA) released
an update to their FAQ regarding DAC 6 (the Updated FAQ).
The main takeaways are as follows:
Notification obligation for intermediaries protected by legal
privilege
As a rule, intermediaries bound by legal privilege are exempt
from reporting obligations but are required to notify such relevant
reporting obligations to other intermediaries or the affected
taxpayer as the case may be.
However, the ECJ decided in case C-694/20 (dated 8 December 2022) that the
notification obligations (regarding persons who are not their
clients) to which lawyers were subjected are invalid with respect
to Article 7 of the Charter of Fundamental Rights of the
European Union.