Newsletters & Newsflashes

On December 18 th 2018, the Luxembourg Parliament ( Chambre des Députés) passed Draft Law No. 7318 which transposes into domestic law the Anti-Avoidance Tax Directive (“ ATAD”). The law was adopted without any substantial amendments to the draft version we previously covered (please refer to our

Background Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the “ Securitisation Regulation”) establishes a new European legal and regulatory framework for

Since our last newsletter on the topic, the European Securities and Markets Authority (“ ESMA”) updated a number of its Q&A regarding the Markets in Financial Instruments Directive – Directive 2014/65/EU of 15 May 2014 (“ MiFID II”) and the Markets in Financial Instruments Regulation – Regulation No

On December 6 th 2018, the Committee on Economic and Monetary Affairs (the “ Committee”) adopted the report issued by Wolf KLINZ on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC of the European Parliament and of the Council and Directive

On October 18 th 2018, the Court of Justice of the European Union (the “ ECJ”) handed down an important ruling (case C-153/17), providing new guidance regarding the deduction of input VAT on general overhead costs in hire purchase transactions. The dispute at hand involved Volkswagen Financial

On November 15 th 2018, the Organisation for Economic Co-operation and Development (“ OECD”) published technical guidance for the application of the substance requirement to “low or no tax jurisdictions”. In a report dated 1998, the OECD had already taken the view that one of the most effective

With draft law No. 7390 (the “ Draft Law”), which was submitted to the Luxembourg Parliament on December 4 th 2018, Luxembourg aims at further expanding its already comprehensive double tax treaty network. If adopted, the Draft Law will ratify a new double tax treaty, replace an existing one and

In a ruling issued on November 8 th 2018 (C-502/17), the ECJ clarified the conditions for input VAT deduction on expenses incurred in the context of share disposal transactions. The plaintiff, C&D Foods Acquisition ApS (the “ Parent”), a Danish company, was the parent of Arovit Holding A/S, which

The 2018 legislative elections having delivered their results, the previous coalition formed by liberals (DP), socialists (LSAP) as well as ecologists (Déi Gréng) has been re-elected for another 5-year term. In the course of the coalition formation, a new coalition agreement ( projet de gouvernement

The CSSF has adopted on December 17 th 2018 the guidelines of the European Banking Authority on the notification of major operational or security incidents (EBA/GL/2017/10) (the “ EBA Guidelines”). CSSF Circular 18/704 (the “ CSSF Circular”) adopting the EBA Guidelines (attached as its Annex 1) is

The Chamber of Deputies of the Grand-Duchy of Luxembourg adopted on 1 August 2018 a law (hereinafter “ the Law”) modifying the law of 8 June 1999 on supplementary pension schemes. The Law aims at implementing a European Directive of 16 April 2014 on supplementary pension rights [1] (hereinafter “

By a decision of November 29 th 2018, the Luxembourg Higher Administrative Court ( Cour administrative) referred three questions to the European Court of Justice of (" ECJ") for a preliminary ruling concerning the former tax consolidation regime applicable in Luxembourg until 2015 and which provided