Newsletters & Newsflashes

On 3 October 2022, following a preliminary ruling requested by the Lithuanian Supreme Court ( Lietuvos vyriausiasis administracinis teismas), the European Court of Justice (“ ECJ”) decided on case C-293/21 concerning the obligation to adjust deductions of VAT if a taxable person is placed in

In a judgment dated 20 December 2022, the Luxembourg Higher Administrative Court ( Cour administrative, hereinafter the " Court") ruled on the application of paragraph 205, sub-paragraph 3 of the General Tax Law ( Abgabenordnung or " AO") in the context of the examination of a claim by the Director

New transparency rules will require service providers to report crypto-asset transactions On 8 December 2022, the European Commission published its proposal for an eighth amendment to the Council Directive 2011/16/EU on administrative cooperation (" DAC8"), which aims to prevent tax fraud, tax

Background On 22 September 2022, the Court of Justice of the European Union (" ECJ") rendered its judgment in case C-538/20 (i.e., Finanzamt B and W AG) finding that Germany does not infringe the freedom of establishment in not allowing the tax-deduction of final losses which a German company had

On 8 November 2022, the Court of Justice of the European Union (the " ECJ") ruled that the Advance Pricing Agreement (" APA") granted by Luxembourg tax authorities to Fiat Finance & Trade Ltd (" FFT") is not an illegal State aid. Facts of the case In 2014, the European Commission opened an

In a judgment dated 8 December 2022 in the case C-694/20 Orde van Vlaamse Balies, the European Court of Justice (" ECJ" or the " Court") sitting in Grand Chamber handed down a decision concerning the compatibility of Directive 2011/16/EU on administrative cooperation in the field of taxation as

The Budget Law for the year 2023 (the “ 2023 Budget Law”), although falling short of the long awaited substantial tax reform, does provide for some tax amendments that may be of interest to individuals and employers as well as to corporations and investment funds. The 2023 Budget Law contains

On 8 September 2022, the Court of Justice of the European Union (the “ ECJ”) issued a judgment in case C-98/21 concerning the right to deduct input VAT for a holding company making shareholder contributions-in-kind, by providing services to the benefit of its subsidiaries. Facts of the case The

Context On 5 April 2022, Advocate General Rantos opined in a pending preliminary ruling ( i.e., Case C-694/20) submitted by the Belgian Constitutional Court to the European Court of Justice (“ ECJ”) on the validity of the provisions of the EU Council’s Directive 2018/822 (“ DAC6” or the “ Directive”

On 7 July 2022, the European Court of Justice (“ ECJ”) decided on case C-194/21 c oncerning the adjustment of input VAT deductions within the meaning of Articles 184 and 185 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (“ VAT Directive”). Background

On 6 July 2022, the European Commission (the “ Commission”) announced a public consultation on tackling the role of intermediaries (referred to as " Enablers") in facilitating complex tax schemes. The consultation period runs from 6 July through 12 October 2022 and aims at collecting feedback on

In a judgment dated 27 July 2022, the Luxembourg Higher Administrative Court ( Cour administrative) (the “ Court”) handed down a decision concerning hidden dividend distributions. Facts of the case In the case at hand, an individual (the “ Director”) was the shareholder of a foreign company (“