Latest Newsletters & Newsflashes
Oct 03, 2023A suspension of the tax limitation period complies with principles of legal certainty and effectiveness of EU law
On 13 July 2023, in its judgement rendered in case C-615/21, the European Court of Justice (the “ ECJ”) ruled that the interruption of the statutory limitation period in respect of the right of the tax authorities to assess VAT is in line with the principles of legal certainty and of effectiveness
Oct 02, 2023EU Securitisation Regulation – ESMA | Updated Q&A
On 13 July 2023, ESMA updated its questions and answers (“ Q&As”) in relation to Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the “ Securitisation Regulation
Sep 28, 2023New Luxembourg Draft Law on business concentrations
Aims of the Draft Law The parliamentary process leading to the introduction of a new law on business concentrations (Draft Law No. 8296) (the “ Draft Concentration Control Law”) was started on 23 August 2023. Luxembourg is the only EU member state that does not have a national law on the control on
Sep 28, 2023Luxembourg lower tribunal rules on tax treatment of redemption of classes of shares
On 14 June 2023, the Luxembourg Lower Tribunal handed down a judgment regarding the tax treatment of the repurchase of a class of shares and the application of the general prohibition of abuse in tax law. In the case at hand, the tax administration challenged the tax treatment of the repurchase of
Aug 31, 2023Newsflash | Employment of third-country nationals: new restrictions for employers
The law of 7 August 2023 amending i) the Labour Code, ii) the law of 29 August 2008 on the free movement of persons and immigration (the " Immigration Law") and iii) the law of 18 December 2015 on the reception of applicants for international protection and temporary protection has been published in
Aug 24, 2023Newsflash | Employment Law – New rights in favour of work-life balance
Two new Luxembourg laws of 29 July 2023 and 15 August 2023, which together transpose into national law Directive 2019/1158 of 20 June 2019 on work-life balance for parents and carers (the “ Laws”) have finally been published in the Luxembourg Official Gazette ( Journal Officiel). They entered into
Aug 18, 2023Sustainable Finance Insights Series - 19 | CSSF Thematic Review on Sustainable Disclosure
On 3 August 2023, the CSSF published a Thematic Review on the implementation of sustainability-related provisions in the investment fund industry (the “ Thematic Review”). The objective of the Thematic Review is to inform the industry about the main observations that the CSSF has made in the context
Aug 04, 2023Newsflash | Higher Administrative Court rules that actual travel expenses may be substituted for flat-rate deduction on grounds of ability to pay
In a judgment dated 25 April 2023 (docket n° 47680C), the Luxembourg Higher Administrative Court ( Cour administrative) (the “ Court”) handed down a decision concerning the deductibility of travel expenses incurred by a taxpayer when commuting from her home to her work place(s). The decision is of
Aug 01, 2023Newsflash | From bankruptcy law to insolvency law
On 21 July 2023, the long-awaited Draft law 6539A (since 2013), aiming at modernising the insolvency tools available for restructuring a company, has been officially adopted (but not yet published in the Journal Officiel for the law to come into force). The expectation was also due to the need for
Jul 26, 2023Newsflash | Draft law No. 8158: Introduction of a mandatory report on income tax information
On 19 July 2023, a draft law No. 8158 (the “ Draft Law”) aiming at implementing the Council Directive (EU) 2021/2101 of 24 November 2021 amending Directive 2013/34/EU on the communication by certain undertakings and branches of income tax information (the “ Directive”) has been submitted to the
Jul 24, 2023Newsflash | Publication of law revising the rules governing Luxembourg funds
On 24 July 2023, the law of 21 July 2023 modernising the Luxembourg fund toolbox (the “ Law”) has been published in the Luxembourg Official Gazette ( Mémorial). The Law amends the following Luxembourg laws: i) the law of 17 December 2010 relating to undertakings for collective investment (UCIs), as
Jul 20, 2023Newsflash | National screening mechanism for foreign direct investments
On 19 July 2023, the Law of 14 July 2023 establishing a national screening mechanism for foreign direct investments likely to undermine security or public order for the purposes of implementing Regulation (EU) 2019/452 of 19 March 2019 (the “ Regulation”) establishing a framework for screening
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