Newsletters & Newsflashes

On 2 July 2020, the European Court of Justice (“ECJ”) issued its judgment in case C‑835/18, SC Terracult SRL on the possibility for a taxable person to adjust an invoice and claim a refund of unduly paid VAT despite a final VAT assessment having been issued. The case concerned a Romanian commercial

In an administrative circular dated 1 December 2020 (the “ Circular”), the Luxembourg tax administration confirmed that, following the judgment of the European Court of Justice (hereinafter the “ ECJ”) in GVC Services (Bulgaria) EOOD (C-458/18), the Parent-Subsidiary Directive (hereinafter “ PSD”)

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

In a judgment dated 4 December 2020, the Lower Administrative Court ( Tribunal administratif) annulled an injunction issued by the Luxembourg tax administration (“ LTA”) pursuant to a request for information from the Spanish tax authorities. The injunction was addressed to a Luxembourg company and

On 6 October 2020, the EU Council updated its previously adopted list of non-cooperative jurisdictions for tax purposes. Said list was initially drawn up in December 2017 and updated most recently on 18 February 2020. The main change from the previous version is the withdrawal of the Cayman Islands

On 11 June 2020, the European Court of Justice (“ ECJ”) rendered its judgment in the case ‘V odafone Portugal – Communicaçoes Pessoais SA v Autoridade Tributária e Aduaneira’’ (C-43/19) following a request for a preliminary ruling. The judgment addresses the question as to whether termination fees

As previously stated in our newsflash dated 19 March 2020 (as updated), the Luxembourg Government has 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 Luxembourg and now

On 14 October 2020, the Luxembourg Finance Minister presented its presented 2021 draft Budget Bill (hereinafter the “ Draft Law”), which includes a number of amendments to the Luxembourg tax system affecting both companies, investment vehicles and individuals. TAX EQUITY AND SOLIDARITY The Draft Law

On 17 September 2020, Advocate General Szpunar published his opinion in the case C-288/19 of the European Court of Justice (" ECJ") regarding the VAT regime applicable to the private use, by employees, of company cars. In the case at hand, a company established in the Grand Duchy of Luxembourg had

In its judgment handed down on 25 September 2020, the Lower Administrative Court ( Tribunal Administratif) considered the scope of hidden dividend distributions under Luxembourg law. In the case at hand, the taxpayer (a company) had booked in its 2013 and 2014 financial accounts provisions for

In its judgment of 14 July 2020, the Luxembourg Higher Administrative Court ( Cour Administrative) assessed whether the subscription of bonds by a Luxembourg family wealth management company, a société de gestion de patrimoine familial (" SPF") and the deduction of interest at the level of the

On 18 June 2020, the Luxembourg Parliament ratified the Draft Law No.7527 (without substantial changes from the draft law), thereby modifying the law of 24 July 2015 on the Foreign Account Tax Compliance Act (“ FATCA Law”) and the law of 18 December 2015 on the Common Reporting Standard (“ CRS Law”)