Latest Newsflashes
Mar 15, 2018NEWSFLASH| CSSF warning notice on Initial Coin Offering
In a precedent newsflash dated November 16 th 2017, we informed you about a press release issued by the Luxembourg Commission de Surveillance du Secteur Financier ( CSSF) whereby CSSF informed investors and other market participants that ESMA had issued a statement on ICOs setting out risks of so
Mar 15, 2018EU Legislative Proposals to Facilitate the Cross-Border Distribution of Investment Funds
On March 12 th 2018, in the context of the Capital Markets Union action plan, the European Commission issued legislative proposals to amend the existing legal framework for the cross-border distribution of investment funds in the EU. These proposals contain a directive and a regulation (the “
Mar 12, 2018OECD Consultation on Abuse of CRS Circumvention
In a recently published consultation document entitled “ Preventing Abuse of Residence by Investment Schemes to circumvent the CRS”, the Organisation for Economic Co-operation and Development (hereafter “ OECD”) was seeking input on how to reduce the risk of using “ residence by investment” (“ RBI”)
Mar 06, 2018Clarification of the Depositary Regime Applicable to Part II-UCIS
On March 1 st 2018, a law was published to modify, inter alia, the law of 17 December 2010 on undertakings for collective investment (the “ 2010 Law”). Luxembourg Parliament voted to clarify the depositary regime for funds subject to Part II of the 2010 Law (“ Part II-UCIs”). It is worth recalling
Mar 01, 2018Case Law on Redemption of Shares
Private equity investments channelled via Luxembourg investment vehicles (“ Luxco”) typically generate tax-exempt income (dividends, capital gains) to the investors and are generally funded by way of debt, for example taking the form of convertible preferred equity certificates (“ CPECs”) or
Feb 28, 2018Case Law on Private Wealth Management
The Luxembourg Income Tax Code assesses Luxembourg taxpayers differently, depending upon whether they realise business income or income from private financial wealth management. In case of business income, any capital gain will be taxable, as a matter of principle, contrary to capital gains realized
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