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Oct 08, 2018BSP Newsletter | October 2018
This newsletter is intended as a general discussion of the following topics: Capital Markets, Corporate, Employment, Fintech, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. CAPITAL MARKETS Amendment of the Law
Oct 05, 2018Distinction Between Rental and Commercial Income under Luxembourg Tax Law
In a recent decision (No.39731 dated July 10 th 2018), the Lower Administrative Court (“ Tribunal administratif”), once again confirmed the principle that each tax year should be assessed independently. In the case at hand, an SCI (“ Société Civile Immobilière”), a type of tax transparent entity
Oct 05, 2018VAT Treatment of a Redemption of Shares in Kind
On June 13 th 2018, the European Court of Justice (the “ ECJ”) handed down a ruling (Case C-421/17) on the VAT treatment of the transfer, by a limited company, to one of its shareholders, of the ownership of immovable property, as consideration for the redemption of shares. The facts of the case
Oct 05, 2018ECJ Grand Chamber Judgment on Cross-Border Loss Relief for Permanent Establishements
On June 12 th 2018, the Grand Chamber of the European Court of Justice (“ ECJ”) handed down its judgment in Case C-650/16 A/S Bevola. The case concerned the compatibility of Danish rules on the deductibility of foreign permanent establishment (“ PE”) losses with the freedom of establishment provided
Oct 05, 2018Mandatory Disclosure of Cross-Border Tax Arrangements by EU Intermediaries - DAC 6
On June 5 th 2018, the latest amendment to the Directive on Administrative Cooperation including a new set of rules on Mandatory Disclosure of Cross-border Tax Arrangements by EU intermediaries (“ DAC6”) was published in the EU official journal, making the proposal of the Commission applicable (
Oct 05, 2018Luxembourg Circular on Virtual Currencies
On July 26 th 2018, the Luxembourg tax authority (“ LTA”) issued a circular on the taxation of virtual currencies. The LTA clarifies therein the tax treatment of operations involving virtual currencies as regards to income tax, corporate income tax and net wealth tax. The LTA starts by refusing the
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