Latest Newsletters & Newsflashes
Jun 16, 2025Luxembourg Case law | Interest rate renegotiation without transfer pricing update leads to requalification
In a significant ruling on 6 June 2025 (Case n° 47100), the Luxembourg Lower Administrative Court (the " Lower Administrative Court"), ruled on the interest rates applied by a Luxembourg company performing financial intermediation activities (falling within the scope of the Luxembourg Circular L.I.R
Jun 12, 2025Luxembourg Case law I Commercial nature of activities performed by a limited partnership
On 6 June 2025, the Lower Administrative Court ( Tribunal administratif) issued two similar judgments in cases n° 49747 and 49749, rejecting the appeals lodged by a Luxembourg limited partnership ( société en commandite simple) against decisions of the director of the tax authorities and confirming
May 29, 2025VAT I Draft directive on VAT rules for distance sales of imported goods
On 13 May 2025, the Council announced that it has reached an agreement on the VAT rules for distance sales of imported good and import VAT. In the future, foreign traders or platforms will be made liable for import VAT and VAT on distance sales of imported goods in the Member State of the final
Apr 24, 2025Newsflash | Landmark decision on qualification of financial instruments & non-recognition of a foreign permanent establishment
On 17 April 2025, the Luxembourg Higher Administrative Court ( Cour administrative), delivered its long awaited decision on case n° 50.602C pertaining to the qualification of interest free loans under Luxembourg tax law and the existence of a permanent establishment in a treaty jurisdiction. With
Apr 15, 2025Double tax treaty Luxembourg – Moldova I Protocol amending the double tax treaty
On 25 June 2024, Luxembourg and the Republic of Moldova signed a protocol (the “ Protocol”) amending the double tax treaty originally signed on 11 July 2007 (the “ DTT”). The law of 25 march 2025 , approving the Protocol, was published in the Luxembourg Official Gazette on 7 April 2025. Key
Apr 15, 2025Temporary employees I Reduction of the flat-rate tax on the remuneration paid
Pursuant to Article 137, paragraph 5a of the amended law of 4 December 1967 on income tax (the “ LITL”), and by way of derogation from the normal taxation system, remuneration paid by temporary employment contractors under an assignment contract to temporary employees whose agreed gross hourly wage
Apr 14, 2025ECJ case law I VAT debt - Joint and several liability of company administrators
On 27 February 2025, the Court of Justice of the European Union (CJEU) handed down a decision on the procedural rights of administrators which may be held jointly and severally liable for the VAT debts of the companies they administer. As a reminder, many Member States including Luxembourg provide
Apr 14, 2025Single-parent tax credit I New circular
On 26 February 2025, the Luxembourg Direct Tax Authorities issued a new Circular L.I.R. No. 154 ter/1, replacing Circular L.I.R. No. 154 ter/1 dated 24 May 2023, on single-parent tax credit (" CIM") provided for in Article 154 ter of the Luxembourg income tax law (“ LITL”). As from the 2025 tax year
Apr 12, 2025ECJ case law I Input VAT deduction and allegations of fraud
Key takeaways On 14 February 2025, the Court of Justice of the European Union (“ ECJ”) handed down a reasoned order in case C-270/24, Granulines Invest Kft, regarding the right to deduct input value added tax (“ VAT”) for invoice incorrectness pertaining to the supply of goods. Facts of the case The
Apr 08, 2025Tax measures in favour of the real estate sector | Six month extension
The law of 22 May 2024 provided for several short term tax measures (applicable for fiscal year 2024) in favour of the Luxembourg real estate market as well as long term tax measures applicable as from 2025 (see our previous newsflash ). To support the ongoing recovery of the real estate sector, the
Apr 08, 2025Newsflash | ECJ | Clarifications on parent-subsidiary anti-abuse rule
On 3 April 2025, the European Court of Justice (“ ECJ”) delivered a decision ( C‑228/24 ) providing clarifications on the interpretation of the anti-abuse provision included in the parent-subsidiary directive. The decision recalls the broad character of the rule, not limited to identifying conduit
Apr 07, 2025Start-up investments | Tax credit by individuals
On 4 April 2025, Draft Law No. 8526 was submited to the Luxembourg Parliament ( Chambre des Députés ) and intends to introduce, as from fiscal year 2026, a tax credit for private individuals investing in Luxembourg startups amounting to 20% of their equity investment. The measure is designed to ease
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