Latest Newsletters & Newsflashes
Jun 19, 2018BEPS Related Amendments to the Luxembourg Law
In the framework of the June 18 th 2018 draft law implementing the first Anti-Tax Avoidance Directive (hereafter “ ATAD”) into Luxembourg law, the Luxembourg government decided to propose additional changes to the Luxembourg tax law that were not required by the ATAD but nonetheless fall, in the
Jun 18, 2018New Circular on Input VAT Deduction
On June 11 th 2018, the Luxembourg VAT authorities issued a circular letter No. 765-1 (the “ Circular”), extending the scope of application of the circular letter No. 765, released in 2013, to VAT taxable persons carrying out both economic and non-economic activities. Through the Circular, the VAT
Jun 05, 2018Distinction Between Private and Business Assets under Luxembourg Tax Law
In a recent decision (No. 39382C dated May 29 th 2018), the Higher Administrative Court of Luxembourg expanded on the transfer by a taxpayer of business assets to its private wealth. The transfer and allocation of assets is generally of great significance for individuals undertaking commercial
Jun 04, 2018No Remission for VAT in Luxembourg
On May 18 th 2018 ( Case No. 00136), the Luxembourg Constitutional Court (hereinafter the “ Court”) decided on a referral for preliminary ruling by the Luxembourg City District Court in a case regarding valued added tax (hereinafter “ VAT”). The dispute concerned an action taken by a taxpayer
Jun 04, 2018EU Commission Proposal for Amendments to the VAT Directive
On May 25 th 2018, the European Commission published a proposal for a directive on the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States (the “ Proposal”). The Proposal aims at amending the currently applicable VAT rules, laid
Apr 25, 2018BSP Newsletter | April 2018
This newsletter is intended as a general discussion of the following topics: Banking & Finance, Capital Markets, Corporate, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. AML Implementation of the 4 th Anti
Apr 02, 2018Circular on Defensive Measures towards Non-Cooperative Countries and Territories
Further to the conclusions reached by the Council of the European Union on December 5 th 2017 on the European Union list of non-cooperative countries and territories for tax purposes (hereafter the “ EU List”), the director of the Luxembourg direct tax authorities (hereafter the “ ACD”) has issued a
Mar 26, 2018New IP Regime Introduced in Luxembourg Tax Law
On March 22 nd 2018, the Luxembourg Parliament formally approved the new tax regime for intellectual property (“ IP Regime”) whose content remains in line with the measures proposed in the draft law submitted by the Minister of Finance to the Luxembourg Parliament on August 4 th 2017 (please see our
Mar 26, 2018New Tax Treaty Between France and Luxembourg
On March 20 th 2018, a new double tax treaty was signed between Luxembourg and France (hereafter the “ Tax Treaty”), which includes such details as amended notions of permanent establishment, tax residency referring to effective tax liability and introduces a general anti-abuse provision. As a
Mar 26, 2018Tax Treaty Between Cyprus and Luxembourg
On March 22 nd 2018, Luxembourg Parliament approved the double tax treaty between Luxembourg and Cyprus (hereafter the “ Tax Treaty”). The Tax Treaty should enter into force on January 1 st 2019, provided that the exchange of the instruments of ratification between Luxembourg and Cyprus take place
Mar 22, 2018OECD Additional Guidelines on Profit Allocation to Permanent Establishments
On March 22 nd 2018, the Organisation for Economic Cooperation and Development (the “ OECD”) published a report, providing additional guidelines on profit allocation to permanent establishments (the “ Report”). The Report has been issued in the context of the OECD base erosion and profit shifting
Mar 19, 2018New EU Transparency Rules for Intermediaries and Taxpayers
On March 13 th 2018, the European Council reached a political agreement on the extension of the Directive on administrative cooperation (hereafter “ the Proposal”). In substance, persons that are directly or indirectly involved in setting up of cross border arrangements (hereafter the “
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