Latest Newsletters & Newsflashes
Jul 12, 2018German Constitutional Court Decision on Unitary Values
On April 10 th 2018 the German Constitutional Court (hereafter “ GCC”) ruled that the assessment of property tax in the “old West German states” of Germany, based on unitary values determined in 1964, was unconstitutional as it leads to major difference in treatment without sufficient justification
Jul 12, 2018Depositary Safe-Keeping Rules | Proposals for Amendment
On May 29 th 2018, the European Commission published two draft delegated regulations which contain proposals to amend certain rules relating to the safe-keeping duties of depositaries under the alternative investment fund managers directive, Directive 2011/61 EU (the “ AIFMD”) and the undertakings
Jul 12, 2018BSP Newsletter | July 2018
This newsletter is intended as a general discussion of the following topics: AML, Banking & Finance, Capital Markets, Dispute Resolution, Employment, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. AML European
Jun 30, 2018Prospectuses | Draft Law
On June 29 th 2018, the Chamber of Deputies of the Grand-Duchy of Luxembourg issued a draft law 7328 on prospectuses (the “ Draft Law”) for the purposes of implementing Regulation (EU) 2017/1129 on the prospectus to be published when securities are offered to the public or admitted to trading on a
Jun 25, 2018Circular on VAT Treatment of Virtual Currencies
On June 11 th 2018, the director of the Luxembourg indirect tax authorities ( Administration de l’enregistrement et des domaines, “ AED”) issued a circular, which confirms that the position held by the ECJ, in its court ruling Hedqvist of October 22 nd 2015 (C-264/14), should apply in Luxembourg and
Jun 25, 2018Draft Law on the VAT Group Regime
The Luxembourg Minister of Finance submitted to the Parliament on April 13 th 2018 a new draft law No. 7278, introducing the VAT group regime in Luxembourg (the “ Draft Law”). This follows the repeal on November 23 rd 2017 of the Grand-Ducal Decree dated January 21 st 2004 regarding the VAT
Jun 22, 2018Draft Law for the ATAD 1 Implementation
On June 18 th 2018, the Luxembourg government published a draft law implementing the first Anti-Tax Avoidance Directive (hereafter “ ATAD”) into Luxembourg law (please see our Newsletter of April 2016 on the topic of the ATAD). The draft law still needs to go through the Luxembourg legislative
Jun 19, 2018BEPS Related Amendments to the Luxembourg Law
In the framework of the June 18 th 2018 draft law implementing the first Anti-Tax Avoidance Directive (hereafter “ ATAD”) into Luxembourg law, the Luxembourg government decided to propose additional changes to the Luxembourg tax law that were not required by the ATAD but nonetheless fall, in the
Jun 18, 2018New Circular on Input VAT Deduction
On June 11 th 2018, the Luxembourg VAT authorities issued a circular letter No. 765-1 (the “ Circular”), extending the scope of application of the circular letter No. 765, released in 2013, to VAT taxable persons carrying out both economic and non-economic activities. Through the Circular, the VAT
Jun 11, 2018Securities Financing Transactions | Administrative Sanctions
The law of June 6 th 2018 on transparency of securities financing transactions (“ Law”) implements provisions of Regulation (EU) 2015/2365 on transparency of securities financing transaction and of reuse (“ Regulation”) relating to the imposition of sanctions for non-respect of the provisions of the
Jun 11, 2018Enforceability of a "Mandat de Protection Future"
In a judgment dated June 6 th 2018, the District Court of Luxembourg ( le Tribunal d’Arrondissement de et à Luxembourg) made a mandat de protection future, under French law, enforceable, for the first time in the Grand Duchy of Luxembourg. The mandat de protection future is a protective measure
Jun 05, 2018Distinction Between Private and Business Assets under Luxembourg Tax Law
In a recent decision (No. 39382C dated May 29 th 2018), the Higher Administrative Court of Luxembourg expanded on the transfer by a taxpayer of business assets to its private wealth. The transfer and allocation of assets is generally of great significance for individuals undertaking commercial
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