Latest Newsflashes
Jan 02, 2019OECD guidance on the concept of substance for no or only nominal tax jurisdictions
On November 15 th 2018, the Organisation for Economic Co-operation and Development (“ OECD”) published technical guidance for the application of the substance requirement to “low or no tax jurisdictions”. In a report dated 1998, the OECD had already taken the view that one of the most effective
Jan 02, 2019Update on the EU legislative proposal to facilitate cross-border distribution of investment funds
On December 6 th 2018, the Committee on Economic and Monetary Affairs (the “ Committee”) adopted the report issued by Wolf KLINZ on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC of the European Parliament and of the Council and Directive
Jan 02, 2019Input VAT deduction on overhead costs in hire purchase transactions
On October 18 th 2018, the Court of Justice of the European Union (the “ ECJ”) handed down an important ruling (case C-153/17), providing new guidance regarding the deduction of input VAT on general overhead costs in hire purchase transactions. The dispute at hand involved Volkswagen Financial
Jan 01, 2019Eba guidelines on reporting obligations under the PSD 2 in Luxembourg
The CSSF has adopted on December 17 th 2018 the guidelines of the European Banking Authority on the notification of major operational or security incidents (EBA/GL/2017/10) (the “ EBA Guidelines”). CSSF Circular 18/704 (the “ CSSF Circular”) adopting the EBA Guidelines (attached as its Annex 1) is
Jan 01, 2019TAX Treaty Update
With draft law No. 7390 (the “ Draft Law”), which was submitted to the Luxembourg Parliament on December 4 th 2018, Luxembourg aims at further expanding its already comprehensive double tax treaty network. If adopted, the Draft Law will ratify a new double tax treaty, replace an existing one and
Jan 01, 2019ECJ clarification of conditions for input VAT deduction in share disposals
In a ruling issued on November 8 th 2018 (C-502/17), the ECJ clarified the conditions for input VAT deduction on expenses incurred in the context of share disposal transactions. The plaintiff, C&D Foods Acquisition ApS (the “ Parent”), a Danish company, was the parent of Arovit Holding A/S, which
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