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Commission Implementing Regulation (EU) 2022/1467 of 5 September 2022 amending Implementing Regulation (EU) 2015/2378 as regards the standard forms and computerised formats to be used in relation to Council Directive 2011/16/EU and the list of statistical data to be provided by Member States for the purposes of evaluating that Directive

Type Implementing Regulation

Publication 2022-09-06

State In force

Text As published

Department European Commission, TAXUD

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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‘ANNEX XV

List referred to in Article 2d

The statistical data required for the mandatory exchange of information in accordance with Article 8ac(2) of Directive 2011/16/EU, pursuant to Article 23(4) of that Directive covers the following information:

— Per message, statistics on the total number of reports received from reporting platform operators for the mandatory automatic exchange of information

— Per message, statistics on the total number of reports received from each other Member State

— Per reportable seller, statistics on reportable seller type, taxpayer identification number or functional equivalent, Member State of residence of reportable seller and reason for exchange; Member State of residence of reportable seller and/or Member State in which the immovable property is located

— Per reporting platform operator, statistics on relevant activity type and consideration and type of property listing.

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‘ANNEX XVI

Form referred to in Article 2f(1)

The form to be used for the communication of information on Excluded Platform Operators pursuant to Article 8ac(6) of Directive 2011/16/EU and for the communication of information on Foreign Platform Operators pursuant to subparagraph F(2) and F(4) of Section IV of Annex V to Directive 2011/16/EU contains the following fields:

(a) Name of Excluded Platform Operator

(b) postal address of Excluded Platform Operator

(d) any TIN issued to the Excluded Platform Operator, if available

(e) Member State where the demonstration in accordance with subparagraph A(3) of Section I of Annex V to Directive 2011/16/EU was provided to,; and

(f) fiscal year from which the status of Excluded Platform Operator was granted.

Format of the individual identification number for Foreign Platform Operators

The individual identification number shall be composed of the following 12-digit format, CCYYYYXXXXXX where: CC is the ISO Country Code of the Member State issuing the individual identification number; YYYY is the year where the Foreign Platform Operator registers with the Member State of single registration; and XXXXXX is a unique string of characters composed of letters and/or numbers.

Retention period for certain information deleted or removed from the central register


	1.	Where the registration of a Reporting Platform Operator within the meaning of point (b) of subparagraph A(4) of Section I of Annex V to Directive 2011/16/EU, as amended by Directive (EU) 2021/514 is revoked in accordance with subparagraph F(7) of Section IV of Annex V to Directive 2011/16/EU, the Member State of single registration shall delete the Reporting Platform Operator from the central register. The central register shall retain the deleted information referred to in subparagraph F(2) and F(4) of Section IV of Annex V to Directive 2011/16/EU for no longer than 12 months from the date of deletion.

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	2.	Information recorded in the central register for Excluded Platform Operators will be removed where an Excluded Platform Operator within the meaning of subparagraph A(3) of Section I of Annex V to Directive 2011/16/EU as amended by Directive (EU) 2021/514 does not demonstrate, upfront and on an annual basis, to the satisfaction of the competent authority of the Member State to which, in accordance with the rules laid down in subparagraphs A(1) to A(3) of Section III of Annex V to Directive 2011/16/EU, the Platform Operator otherwise would have had to report that Platform’s entire business model is such that it does not have Reportable Sellers. The central register shall retain the removed information referred to in Annex XVI, points (a) to (f) of this Regulation for no longer than 12 months from the date of the removal of the recorded information.

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However, only the elements and attributes actually applicable in a given case further to the performance of the due diligence and reporting rules included in Section II and Section III of Annex V of Council Directive 2011/16/EU, as amended by Council Directive (EU) 2021/514 need to appear in the computerised format used in that case.

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