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Oct 23, 2024Luxembourg Case Law I Application of the Saar laid down in Article 166(2bis) of the income tax law
On 31 July 2024, the Higher Administrative Court ( Cour administrative) applied for the very first time, the special anti-abuse provision laid down in Article 166(2bis) of the Luxembourg income tax law dated 4 December 1967, as amended (the “ LITL”) (case n° 49080C). Background In the case at hand
Oct 23, 2024Luxembourg Case Law I Clarification on the principle of adversarial proceedings for the tax audit
On 11 July 2024, the Higher Administrative Court ( Cour administrative ) delivered a significant ruling in a case between Mrs. (A) and the Direct Tax Administration (ACD), following a tax audit covering the fiscal years 2010 to 2015. After rejecting the claim regarding the territorial incompetence
Oct 23, 2024VAT I Implementation of an electronic value added tax exemption certificate
Introduction On 8 July 2024, the European Commission (the " Commission") adopted a legislative package to amend key VAT regulations. This initiative aims at modernizing VAT procedures by introducing an electronic VAT exemption certificate, streamlining the process for businesses and aligning with
Oct 22, 2024AML I Creation of a separate control office within the indirect tax administration
On 15 July 2024, the Luxembourg Parliament ( Chambre des députés) published a Draft Law n° 8340 (the “ Draft Law”) aimed at amending the Law of 10 August 2018 on the organisation of the indirect tax administration ( Administration de l’enregistrement, des domaines et de la TVA). The purpose of this
Oct 22, 2024AML/CFT I FAQ on the SRRC on compliance with AML/CFT obligations in accordance with Circular CSSF 24/854
Circular CSSF 24/854 Circular CSSF 24/854 was published on 29 February 2024. The purpose of the circular was to provide guidance on the Summary report dedicated to AML/CFT (" SRRC") to be prepared by the ‘ ’responsable du contrôle’ ’ (" RC") and submitted to the CSSF by the ‘’ responsable du respect
Oct 22, 2024ELTIF 2.0 I The EU Commission adopts Level 2 measures
On 19 July 2024, the European Commission adopted a new Delegated Regulation implementing certain level two measures (the “ Level 2 RTS”) required pursuant to Regulation 2015/760 on European Long Term Investment Funds as amended by Regulation 2023/606 (the “ ELTIF 2.0 Regulation”). By enhancing