Latest Newsletters & Newsflashes
Mar 12, 2018OECD Consultation on Abuse of CRS Circumvention
In a recently published consultation document entitled “ Preventing Abuse of Residence by Investment Schemes to circumvent the CRS”, the Organisation for Economic Co-operation and Development (hereafter “ OECD”) was seeking input on how to reduce the risk of using “ residence by investment” (“ RBI”)
Mar 01, 2018Case Law on Redemption of Shares
Private equity investments channelled via Luxembourg investment vehicles (“ Luxco”) typically generate tax-exempt income (dividends, capital gains) to the investors and are generally funded by way of debt, for example taking the form of convertible preferred equity certificates (“ CPECs”) or
Feb 28, 2018Case Law on Private Wealth Management
The Luxembourg Income Tax Code assesses Luxembourg taxpayers differently, depending upon whether they realise business income or income from private financial wealth management. In case of business income, any capital gain will be taxable, as a matter of principle, contrary to capital gains realized
Feb 08, 2018BSP Newsletter | February 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 Beneficial Ownership Registers |
Feb 08, 2018New Circular Regarding Residency Certificates for Funds
On December 8 th 2017, the Luxembourg tax authorities issued the new circular L.G.-A. No. 61 (replacing the previous Circular dated February 12 th 2015, please see our previous newsletter dated March 2 nd 2015) which aims to cover the procedure applicable to the request of tax residency certificates
Dec 29, 2017New Circular on the Taxation of Warrant and Stock Options
The Luxembourg tax administration issued a new circular L.I.R. 104/2 dated November 29 th 2017 replacing the previous circular dated December 20 th 2012 regarding the tax treatment of warrants and stock-options allocated to employees. The new circular changes the lump sum valuation method of
Dec 28, 2017Exchange of Information on Request | Adjustment of Law further to Berlioz Case
On December 19 th 2017, the Minister of Finance of Luxembourg presented a draft bill to Parliament to amend the law of November 25 th 2014, as regards the procedure applicable to the exchange of information on request (the “ Draft Law”). The purpose of the Draft Law is to give full effect to the
Dec 28, 2017Luxembourg Budget Law | 2018 New Tax Measures
On December 15 th 2017, the Law concerning the budget of State revenue and expenditure for the financial year 2018 (the “ Budget Law”) was passed. Listed below are the main measures of the Budget Law, which took effect on January 1 st 2018, in relation to (i) natural persons and (ii) companies. For
Dec 27, 2017EU Parent Subsidiary Directive and Anti-Abuse Provisions | Ruling of the ECJ
On December 20 th 2017, the Court of Justice of the European Union (“ ECJ”) rendered its judgment in the joined cases of Deister Holding AG (Case C-504/16) and Juhler Holding A/S (Case C-613/16) v. Federal Central Tax Office of Germany ( Bundeszentralamt für Steuern) concerning the refusal to exempt
Dec 01, 2017IGP Exemption | Repeal of the Grand-ducal Decree
On November 23 rd 2017, the Luxembourg government adopted a Grand-ducal Decree (the “ Grand-ducal Decree”) which abolished the Grand-ducal Decree dated January 21 st 2004 regarding the VAT exemption of services supplied by independent groups of persons (“ IGP”) to their members. The object of the
Nov 27, 2017VAT | ECJ Ruling on Abusive Practices
In its judgement handed down on November 22 nd 2017 in case C-251/16, the European Court of Justice (the “ ECJ”) had to rule on a reference for preliminary ruling by the Irish Supreme Court on the question of whether or not the principle of abuse of rights, as found applicable in the sphere of VAT
Oct 20, 2017BSP Newsletter | October 2017
This newsletter is intended as a general discussion of the following topics: AML, Banking & Finance, Capital Markets, Data Protection, Dispute Resolution, Investment Management, IP/IT and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact
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