On 6 October 2020, the EU Council updated its previously adopted list of non-cooperative jurisdictions for tax purposes. Said list was initially drawn up in December 2017 and updated most recently on 18 February 2020. The main change from the previous version is the withdrawal of the Cayman Islands and Oman from the list of non-cooperative jurisdictions and the addition of Anguilla and Barbados. As a result, the list currently stands as follows:
• American Samoa
• Trinidad and Tobago
• US Virgin Islands
This list, which is subject to bi-annual updates, with the next update expected early 2021, serves inter alia as a basis, not only for certain hallmarks under the EU directive 2018/822 ("DAC 6") reporting obligations (please refer to our newsletter dated 16 August 2019), but also under the draft law providing for a refusal of deductibility on payments made to non-cooperative jurisdictions for tax purposes (please refer to our newsletter dated 26 March 2020 for more details).