DAC8 establishes minimum penalty standards across the EU. Understanding this framework is essential for CASPs operating in European markets.
Minimum Standards
DAC8 requires member states to implement at least:
- Effective penalties
- Proportionate sanctions
- Dissuasive consequences
While DAC8 provides a framework, specific penalty amounts and enforcement approaches vary by member state. Monitor developments in each jurisdiction where you operate.
Penalty Categories
Tier 1: Minor Violations
Late filing, minor errors - up to EUR 50,000
Tier 2: Serious Violations
Material failures, repeated issues - up to EUR 250,000
Tier 3: Very Serious Violations
Willful non-compliance, systematic failures - up to EUR 1,000,000
Member State Implementation
States may exceed minimums:
- Higher penalty caps
- Additional violation categories
- Stricter enforcement
CASPs operating in multiple EU member states may face penalties in each jurisdiction. Compliance must be achieved in every country where you have reporting obligations.
Enforcement
- Tax authority audits
- Cross-border cooperation
- Coordination with MiCA supervision
Appeal Rights
Ensure access to:
- Administrative review
- Judicial appeal
- Proportionality challenges
Conclusion
DAC8 penalties are substantial. Plan compliance programs around avoiding these consequences.
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