I.-A declaration of a cross-border scheme is filed with the tax authorities, in dematerialised form, by the intermediary involved in implementing the scheme or by the taxpayer concerned.
II.-For the purposes of applying the provisions of I, any scheme taking the form of an agreement, arrangement or plan, whether legally enforceable or not, involving France and another State, whether a member of the European Union or not, is deemed to be cross-border if at least one of the following conditions is met:
a) At least one of the participants in the scheme is not domiciled or resident for tax purposes in France or does not have its registered office there;
b) At least one of the participants in the scheme is domiciled, resident or has its registered office for tax purposes in several States or territories simultaneously;
c) At least one of the participants in the scheme carries on business in another State or territory through a permanent establishment situated in that State or territory, the scheme constituting part or all of the business of that permanent establishment;
d) At least one of the participants in the scheme carries on business in another State or territory without being domiciled or resident there for tax purposes or having a permanent establishment in that State or territory;
e) The scheme may have consequences for the automatic exchange of information between States or territories or for the identification of beneficial owners.
III.For the purposes of applying the provisions of I, any cross-border scheme containing at least one of the markers mentioned in II of Article 1649 AH is deemed to require a declaration.
A cross-border device containing a marker in category A, mentioned in A of II of the same article 1649 AH, in category B mentioned in B of the same II or in i of b and in c and d of 1° of category C mentioned in C of the same II, is subject to a declaration only if it meets the criterion of the main benefit defined in I of the same article 1649 AH.
A cross-border device may consist of a series of devices. It may comprise several stages or parts.
IV.-The information contained in the declaration mentioned in I of this article is specified by decree.