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Jul 04, 2024Relibi Law I Higher Administrative Court rules on the limits of the applicability of the law
In a decision dated 21 March 2024 (no. 49678C), the Higher Administrative Court upheld a decision by the Director of the Luxembourg tax authorities (“ LTA”), who in a specific case refused to apply the final withholding tax on savings income in the form of interest payments made in Luxembourg to
Jul 04, 2024Luxembourg Case Law | Rules on carried forward tax losses
On 25 th April 2024, the Luxembourg Higher Administrative Court handed down a judgment (48917c) regarding the right to carry-forward tax losses for Luxembourg companies. In the case at hand, a company which had previously engaged in a holding activity and generated tax losses, acquired and sold a
Jul 04, 2024SPF | Issuance of residence certificates to family wealth management companies
On 4 June 2024, the Luxembourg Tax Authorities (the “ LTA”) issued the administrative circular L.I.R. n° 159/2 (the “ Circular”). The Circular provides details on the issuance of residence certificates to Luxembourg family wealth management companies ( sociétés de gestion de patrimoine familial ) (“
Jul 04, 2024MIFID II and MIFIR | Various Developments
ESMA Report on the 2023 Common Supervisory Action and Mystery Shopping Exercise on marketing On 27 May 2024, ESMA published a report (the “ ESMA Report”) on its 2023 Common Supervisory Action (“ CSA”) with National Competent Authorities (“ NCAs”) and its Mystery Shopping Exercise (“ MSE”) related to
Jul 03, 2024HOT I Directive proposal establishing a head office tax system for SMEs in Europe
On 10 April 2024, the European Parliament (“ EU Parliament”) adopted its non-binding report on the proposal for a Council directive establishing a Head Office Tax system for micro, small and medium size enterprises and amending Directive 2011/16/UE. Background On 12 September 2023, the European
Jul 02, 2024ECJ Case Law I AG KOKOTT opines on the enforceability of legal professional privilege vis-à-vis tax authorities
In a case involving a Luxembourg law firm which had been ordered by the Luxembourg Tax Authorities to disclose all documentation relating to advice given to a client for the purpose of an exchange of information upon request with the tax authority of another EU Member State, the Luxembourg Higher
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