Latest Newsletters & Newsflashes
Jan 09, 2024Luxembourg-UK Double Tax Treaty | Entry into Force
The new Double Tax Treaty between the Grand Duchy of Luxembourg and the United Kingdom of Great Britain and Northern Ireland 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”), and the related protocol
Jan 08, 2024Luxembourg-Germany Double Tax Treaty | Law ratifying the amending Protocol adopted and additional clarifications
On 22 December 2023, the Luxembourg parliament adopted the law ratifying the Protocol amending the Double Tax Treaty between Luxembourg and Germany (the “ DTT”), as agreed and signed on 6 July 2023 in Berlin (the “ Law”). The requirements for the entry into force of the above-mentioned Protocol
Jan 08, 2024Luxembourg Higher Administrative Court rules on debt/equity qualification of interest free loans for tax purposes
On 23 November 2023, the Luxembourg Higher Administrative Court handed down a decision regarding the tax qualification of an interest free loan (“ IFL”) granted by a parent company to a Luxembourg resident company. In the case at hand, a non-resident parent company granted its subsidiary, a
Jan 05, 2024OECD Pillar One | Amount A draft multilateral convention released
On 11 October 2023, the OECD released a draft multilateral convention (“ MLC”) in relation to Amount A of Pillar One. The draft reflects the current consensus achieved so far amongst members of the OECD/G20 Inclusive Framework on BEPS (“ IF”). On 18 December 2023, the OECD issued a statement
Jan 04, 2024Draft ECOFIN report to the European Council on tax issues November 2023 – ATAD 3
Background On 22 December 2021, the European Commission released a legislative proposal for a Council Directive (“ Draft Directive” or “ Draft ATAD 3”) laying down rules to prevent the misuse of shell entities for tax purposes and amending Directive 2011/16/EU on administrative cooperation in the
Jan 04, 2024European Council: Biannual update of the EU list of non-cooperative jurisdictions for tax purposes
On 17 October 2023, the European Council (the " Council") has updated the list of non-cooperative jurisdictions for tax purposes. Antigua and Barbuda, Belize and Seychelles have been added to the EU list of non-tax cooperatives jurisdictions. The EU List is published as an annex to the conclusions
Dec 22, 2023Newsflash | CJEU judgement on VAT treatment of directors’ fees
On 21 December 2023, the Court of Justice of the European Union (“CJEU”) delivered its highly anticipated judgement following the preliminary ruling referral by a Luxembourg court regarding the VAT regime applicable to an individual acting as director of Luxembourg public limited liability companies
Dec 18, 2023Newsflash | ECJ Rules in favour of Amazon in State aid case
On 14 December 2023, the Court of Justice of the European Union (“ CJEU”) decided in favour of Amazon in State aid case C-457/21 P by confirming the General Court’s conclusion that the Commission did not demonstrate that Luxembourg granted a selective advantage to Amazon. Following the opinion of
Nov 27, 2023Newsflash | The minimum net wealth tax rules for holding companies ruled unconstitutional
On 10 November 2023, the Constitutional Court (case n°00185) held that some of the Luxembourg minimum net wealth tax rules are in breach of the principle of equality before the law of the Luxembourg Constitution. It results those taxpayers subject to the EUR 4,815 minimum net wealth tax (i.e
Oct 16, 2023Previously published in Tax
Advocate General Opinion in Amazon State aid case Luxembourg Lower Administrative Court rules on constitutionality of local property tax Bellegen Akt | increase in reduction of registration and transcription duties for the acquisition of the principal residence Decision of the Higher Administrative
Oct 16, 2023Luxembourg starts transposition of the Pillar Two Directive
On 4 August 2023, the Luxembourg government introduced to the parliament the Draft Law (the “ Pillar Two Draft Law” or the “ Draft Law”) to transpose Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large
Oct 16, 2023Amendments to the Luxembourg - Germany double tax treaty signed on 6 July 2023
On 20 September 2023, the Luxembourg government submitted to the Luxembourg Parliament ( Chambre des Députés) draft law No. 8311, aiming to ratify the amending protocol to the double tax treaty between Luxembourg and Germany (the “ DTT”), as agreed and signed on 6 July 2023 in Berlin (the “ Draft
Pagination