Latest Newsletters & Newsflashes
Oct 24, 2024Luxembourg Stock Exchange │ Updated Rules & Regulations & Trading Manual
The Luxembourg Stock Exchange (“ LuxSE”) has published on 2 September 2024: an updated version of its Rules and Regulations ( Edition 09/2024) (“ R&R”) an updated version of its Markets Trading Manual (“ Trading Manual”) as well as an updated version of the appendix on LuxSE’s professional segments
Oct 24, 2024DORA │ Latest Developments
Since our last newsletter in which we reported on the Digital Operational Resilience Act Regulation (EU) 2022/2554 (“ DORA”) and Directive (EU) 2022/2556 (the “ Directive”), in particular the enactment of the Luxembourg national law to transpose same, there have been several developments concerning
Oct 24, 2024MiFID II and MiFIR | ESMA updates
New Q&As Shortly after our last newsletter , in which we reported on recent developments in MiFID II and MiFIR, ESMA published a new Q&A on MiFID II and the topic of EMIR reporting. This Q&A clarified that derivatives on emission allowances not recognized under the EU ETS are included, in the
Oct 24, 2024Unfair terms in focus I Key amendments to Luxembourg’s Consumer Code
On 10 September 2024, the Luxembourg Consumer Code was amended by a Law of 27 August 2024 (the " Amending Law"). The Consumer Code regulates, amongst other things, contracts concluded between professionals and consumers (i.e. natural persons who are acting for purposes outside of a commercial
Oct 23, 2024ECJ Case Law I Enforceability of legal professional privilege vis-à-vis tax authorities confirmed
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
Oct 23, 2024Double tax treaty I Luxembourg – Colombia
Entry into force On 19 January 2024, the Grand Duchy of Luxembourg and the Republic of Colombia have signed a convention for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance (the “ DTT”). The ratification of the DTT is
Oct 23, 2024CbCR I Proposal of common template and electronic reporting formats
On 1 August 2024, the European Commission released a draft regulation to standardize multinational enterprises (“ MNEs”) income tax information for public Country-by-Country Reporting (“ CbCR”), as required by Directive 2013/34/EU. The proposal introduces a common template and electronic formats to
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, 2024BSP Newsletter | October 2024
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