Determination of equivalence
Article 1
The information that is required to be automatically exchanged pursuant to the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 and the Multilateral Competent Authority Agreement on automatic exchange of information on income derived through digital platforms (‘DPI-MCAA’) currently signed by the competent authorities of New Zealand and Belgium, Bulgaria, Croatia, Cyprus, Estonia, Finland, Ireland, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain and Sweden (‘the signatory Member States’) is equivalent, within the meaning of Section I, subparagraph A(7), of Annex V to Directive 2011/16/EU, to the information specified in Section III, paragraph B, of Annex V to Directive 2011/16/EU. The determination of equivalence shall apply as follows: (i) it shall apply to the relevant activities involving the rental of immovable property and a personal service as defined in Section I, subparagraph A(11), of Annex V to Directive 2011/16/EU from the date of entry into force of all of the Sections of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 that apply provisions of the Organisation for Economic Cooperation and Development (OECD) 2020 Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy, and which were assessed by the Commission; (ii) it shall apply to the relevant activities involving the rental of any mode of transport and sale of goods as defined in Section I, subparagraph C(9), of Annex V to Directive 2011/16/EU from the date of entry into force of all of the Sections of the Tax Administration Act 1994, as amended by the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023, that apply provisions of the OECD 2021 Model Reporting Rules for Digital Platforms: International Exchange Framework and Optional Module for sale of goods, and which were assessed by the Commission; (iii) in addition to the conditions laid down in points (i) and (ii), it shall only apply when the exchange relationship between the competent authorities of New Zealand and each signatory Member State is activated in accordance with Section 7 of the DPI-MCAA.