Latest Newsletters & Newsflashes
Apr 23, 2024Judgement of the higher administrative court no. 49770c – principle of a single lawyer or representative in tax litigation
On 23 October 2023, the Lower Administrative Court ( Tribunal administratif) handed down a judgement in direct tax matters, in which it dismissed as inadmissible an appeal lodged with it, on the grounds that the principle of a single lawyer or representative had been breached. The appeal was indeed
Apr 22, 2024ECJ rules on deductibility of input VAT for “non-operating companies” (C-341/22)
On 7 March 2024, the Court of Justice of the European Union (“ ECJ”) handed down a judgment regarding the right to deduct input value added tax (“ VAT”) for a company which was deemed “non-operational” by the national tax authority. In the case at hand, a company carried out an economic activity of
Apr 19, 2024Vidéo Uplawder | Les spécificités de l'arbitrage au Luxembourg
Notre Partner Fabio Trevisan a présenté l’arbitrage au cours d’une interview vidéo Uplawder . Plus précisément, il évoque dans cet entretien (i) ce qu'est l'arbitrage ; (ii) les spécificités de l'arbitrage à Luxembourg ; (iii) ses avantages ; (iv) les bonnes pratiques ; ainsi que (v) ses retours d
Apr 19, 2024Appreciation of the 90% threshold in the context of Article 157ter LITL | The Lower Administrative Court decision
In a judgment dated 7 February 2024 ( docket No. 46783 ), the Luxembourg Lower Administrative Court ( Tribunal administratif ) (the “ Court”) handed down a decision concerning the application of the provisions of Article 157 ter of the Luxembourg income tax law (“ LITL”), allowing non-resident
Apr 19, 2024Luxembourg Law of 7 August 2023 on business continuation and modernisation of Bankruptcy Law | Recent case law developments
Following the entry into force of the Luxembourg law of 7 August 2023 on business continuation and modernisation of bankruptcy law (the “ Law”) on 1 November 2023, the Luxembourg courts have handed down several decisions clarifying the scope of application of judicial reorganisation proceedings, the
Apr 17, 2024Listing Act | Multiple vote share structures: provisional agreement reached by Council and Parliament
On 14 February 2024, the Council and the European Parliament have reached a preliminary agreement on the directive on multiple-vote share structures in companies that seek the admission to trading of their shares on an SME growth market (the “ Proposed Directive”). The Proposed Directive is part of
Apr 16, 2024Previously published in Tax
Newsflash | Pillar Two - The Luxembourg Tax Authorities issue a first FAQ Newsflash | Tax measures in favour of the Luxembourg real estate sector
Apr 16, 2024Release of Pillar One Amount B report
On 19 February 2024, the OECD/G20 Inclusive Framework (“ IF”) on BEPS released its report on Amount B of Pillar One intended to simplify transfer pricing aspects of baseline marketing and distribution activities, alleviate administrative burden, cut compliance costs, and enhance tax certainty
Apr 16, 2024ECON opinion on EC proposal for Transfer Pricing Directive
Urgent need to implement harmonized transfer pricing framework for the EU according to ECON On 22 February 2024, the Economic Monetary Affairs Committee (“ ECON”) of the European Parliament adopted its opinion on the European Commission’s (“ EC”) proposal for a Directive on transfer pricing (“ TP
Apr 16, 2024Update to the Commentary on Article 26 of the Model Tax Convention
On 19 February 2024, the OECD Council allowed an update to the Commentary 26 of the OECD Model, which relates to the exchange of information, more specifically to the question of administrative assistance. As a reminder, the exchange of information process was set up in 2009 in order to improve the
Apr 16, 2024Luxembourg 2024 Budget Bill
On 6 th March 2024, the Luxembourg government filed the 2024 budget bill (“ Budget Bill”) and announced that it will continue to work towards the implementation of a tax policy aimed at strengthening the competitiveness of the economy and increasing household purchasing power. While certain measures
Apr 16, 2024Tax authorities’ obligations in relation to taxpayer's right to be heard | Judgment of Higher Administrative Court
In a judgment of 11 January 2024, the Luxembourg Higher Administrative Court annulled tax assessments issued to a taxpayer for breach of the adversarial principle set out in §205(3) AO (the Abgabenordnung ), which foresees the right for the taxpayer to be heard by the tax office before issuance of
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