Latest Newsletters & Newsflashes
Aug 04, 2023Newsflash | Higher Administrative Court rules that actual travel expenses may be substituted for flat-rate deduction on grounds of ability to pay
In a judgment dated 25 April 2023 (docket n° 47680C), the Luxembourg Higher Administrative Court ( Cour administrative ) (the “ Court”) handed down a decision concerning the deductibility of travel expenses incurred by a taxpayer when commuting from her home to her work place(s). The decision is of
Aug 01, 2023Newsflash | From bankruptcy law to insolvency law
On 21 July 2023, the long-awaited Draft law 6539A (since 2013), aiming at modernising the insolvency tools available for restructuring a company, has been officially adopted (but not yet published in the Journal Officiel for the law to come into force). The expectation was also due to the need for
Jul 26, 2023Newsflash | Draft law No. 8158: Introduction of a mandatory report on income tax information
On 19 July 2023, a draft law No. 8158 (the “ Draft Law”) aiming at implementing the Council Directive (EU) 2021/2101 of 24 November 2021 amending Directive 2013/34/EU on the communication by certain undertakings and branches of income tax information (the “ Directive”) has been submitted to the
Jul 24, 2023Newsflash | Publication of law revising the rules governing Luxembourg funds
On 24 July 2023, the law of 21 July 2023 modernising the Luxembourg fund toolbox (the “ Law”) has been published in the Luxembourg Official Gazette ( Mémorial). The Law amends the following Luxembourg laws: i) the law of 17 December 2010 relating to undertakings for collective investment (UCIs), as
Jul 20, 2023Newsflash | National screening mechanism for foreign direct investments
On 19 July 2023, the Law of 14 July 2023 establishing a national screening mechanism for foreign direct investments likely to undermine security or public order for the purposes of implementing Regulation (EU) 2019/452 of 19 March 2019 (the “ Regulation”) establishing a framework for screening
Jul 18, 2023Newsflash | Bill PL8051 - Institutionalizing Temporary Criminal Procedural Measures
In a nutshell: the PL8051 bill represents a significant step towards institutionalizing the temporary measures implemented during the Covid-19 crisis and modernising the interaction with the courts. By integrating these measures into the Code of Criminal Procedure, Luxembourg aims to ensure the
Jul 14, 2023Newsflash | AG Kokott concludes an independent director’s activity does not constitute an economic activity subject to VAT
On 13 July 2023, Advocate General (“ AG”) Kokott delivered her opinion on the VAT treatment applicable to the services of an independent company director in the case C-288/22 TP v. Administration de l’Enregistrement des Domaines et de la TVA. The case concerned a member of the board of directors
Jul 10, 2023Implementation of DAC 7 into Luxembourg Law
On 16 May 2023, the Luxembourg Parliament ( Chambre des Députés) adopted a law (the “ DAC 7 Law”) implementing Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation (“ DAC 7”), effective as of 1 June 2023 (save for the
Jul 10, 2023Draft law No. 8207: new reporting obligations for payment service providers to prevent VAT fraud
On 5 May 2023, a draft law No. 8207 on the transparency of online payments (the “ Draft Law”) has been submitted to the Luxembourg Parliament ( Chambre des Députés). The purpose of the Law is to introduce a new electronic system to fight against VAT fraud. The Law transposes Directive (EU) 2020/284
Jul 07, 2023Advocate General Opinion in Amazon State aid case
On 8 June 2023, Advocate General (“ AG”) Juliane Kokott of the Court of Justice of the EU (“ CJEU”) delivered her opinion in case C-457/21 P (the “ Opinion”), concerning a tax ruling granted in 2003 (the “ Tax Ruling”) by the Luxembourg tax authorities (“ LTA”) to Amazon in relation to its
Jul 07, 2023Markets in crypto-assets (MICA) | EU framework
The MiCA Regulation On 9 June 2023, Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets was published in the Official Journal of the EU (the “ MiCA Regulation”), thus establishing a harmonised regulatory framework for the crypto-assets market within the EU. The MiCA Regulation aims
Jul 07, 2023Sustainable finance | CSSF supervisory priorities
On 6 April 2023, the CSSF published a press release in order to give a general overview of their supervisory priorities in relation to sustainable finance (the “ Press Release”). The CSSF, in support of the long-term objective of integrating sustainability into financial strategies, have determined
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