Latest Newsletters & Newsflashes
Mar 26, 2021Luxembourg tax authorities issue circular on the prime participative regime
Context The Luxembourg tax authorities have issued guidance regarding the new profit-sharing bonus model (i.e., the so-called “ prime participative”) in its Circular L.I.R. n°115/12 dated 11 February 2021 ( the “ Circular”). The prime participative had been introduced under the Luxembourg 2021
Mar 26, 2021Tax treatment applicable to the partial transfer of a business undertaking | Court Decision
Context The Luxembourg Higher Administrative Court ( Cour Administrative) in a judgment rendered on 14 January 2021 (No. 44763C) confirms that the partial disposal of a business undertaking by an individual to third-parties should qualify as a transfer for consideration of part of a business
Mar 22, 2021COVID-19 | Extension of teleworking for cross-border workers
As previously detailed in our Newsflash dated 19 March 2020 (as updated), the Luxembourg Government has once again agreed on an “exceptional measure” with the Belgian, French and German Governments regarding the taxation of Belgian, French and German cross-border commuters normally working in
Mar 08, 2021Clarification of the VAT treatment on cars leased to non-resident employees
The ECJ’s decision (C-288/19) on the provision of vehicles by employers to employees residing abroad On 20 January 2021, the European Court of Justice (“ ECJ”) ruled on the place of taxation of the provision of company vehicles to employees residing in a Member State other than that of their
Mar 03, 2021VAT reimbursement | ECJ rules on limitation period in the event of irrecoverable debt.
In an order dated 3 march 2021, the European Court of Justice (“ECJ”) considered the lawfulness of a limitation period on the right to seek a reduction in the taxable amount in the case of cancellation, refusal or total or partial non-payment after the supply takes place. In the case at hand, the
Mar 02, 2021Extension of deadline to submit 2019 tax returns
On 25 February 2021, the Luxembourg Parliament ( Chambre des Députés) voted the law amending the law of 12 May 2020, adapting certain deadlines in fiscal, financial and budgetary matters in the context of the state of emergency (hereinafter the “ Law”). The Law follows a statement by the Ministry of
Feb 26, 2021Exchange of information | Conditional upon exhausting domestic sources of information
In a judgment dated 25 February 2021, the Higher Administrative Court ( Cour administrative) confirmed a judgment of the Lower Administrative Court ( Tribunal administratif) concerning the lawfulness of injunction decisions issued to a Luxembourg company following a request for information from the
Feb 08, 2021COVID-19 | Luxembourg Law Updates
This section is intended as a general discussion on the latest topics concerning Covid-19 and the Luxembourg Law. If you would like to know more about the topics covered in this newsletter or our services please contact us. AML Annual AML Survey - Deadline Extended BANKING & FINANCE State Guarantee
Jan 21, 2021Update of Double Tax Treaties
Protocol to the Luxembourg-Russia double tax treaty The Protocol amending the double tax treaty between the Grand Duchy of Luxembourg and the Russian Federation (hereafter the “ Protocol”) has been signed on 6 November 2020 and the ratification law was submitted on 27 November 2020 to the Luxembourg
Jan 21, 2021Higher Administrative Court Judgement on the Treatment of Revaluation Reserves
In its judgment of 10 December 2020, the Luxembourg Higher Administrative Court ( Cour administrative) had to assess whether revaluation reserves booked in the annual accounts of a Luxembourg resident company should be included in the taxable income. The case submitted to the Court concerned a
Jan 21, 2021Lower Administrative Court: Excess of Power by the Tax Authorities in the Panama Paper Investigations
On 29 September 2020, the Lower Administrative Court ( Tribunal administratif) handed down several decisions in cases involving requests for information that the Luxembourg tax authorities (hereafter the “ LTA”) had addressed to several Luxembourg lawyers and law firms whose names had appeared in
Jan 21, 2021Circular issued by the Luxembourg Tax Authorities on the Interest Deduction Limitation Rule
On 8 January 2021, the Luxembourg tax authorities issued a circular ( Circulaire du directeur des contributions L.I.R. n°168bis/1 du 8 janvier 2021) (the “ Circular”) on the interest deduction limitation rules (“ ILR”) as foreseen in Article 168bis of the Luxembourg income tax law (“ LITL”)
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