Latest Newsletters & Newsflashes
Jan 23, 2025Luxembourg Case Law I Higher Administrative Court rules on the valuation method to be retained for shares received by way of donation
Key takeaways On 21 November 2024, the Luxembourg Higher Administrative Court ( Cour administrative) handed down a decision regarding the acquisition value and the acquisition date to be ascribed to shares received by way of donation. This was particularly relevant in the context of the computation
Jan 19, 2025EC DAC9 proposal | Exchange of Pillar Two information returns
On 28 October 2024, the EU Commission (“ EC”) introduced a proposal to amend Directive 2011/16/EU on administrative cooperation in the field of taxation (“ DAC”) to ease the exchange for Pillar Two information returns within the EU (the “ EC Proposal”). Background On 20 December 2021, the OECD and
Jan 19, 2025FASTER I Council of the European Union adopts the Directive
On 10 December 2024, the Council of the European Union (“ Council”) formally adopted the Directive for Faster and Safer Relief of Excess Withholding Taxes (“ FASTER Directive”). The FASTER Directive was subsequently published in the Official Journal of the European Union on 10 January 2025. Key
Jan 19, 2025Double tax treaty I Luxembourg – Oman
On 16 October 2024, the Grand Duchy of Luxembourg and the Sultanate of Oman have signed a treaty for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance (the “ DTT”). The ratification of the DTT is currently pending in
Oct 23, 2024ECJ Case Law I Enforceability of legal professional privilege vis-à-vis tax authorities confirmed
In a case involving a Luxembourg law firm which had been ordered by the Luxembourg Tax Authorities to disclose all documentation relating to advice given to a client for the purpose of an exchange of information upon request with the tax authority of another EU Member State, the Luxembourg Higher
Oct 23, 2024Double tax treaty I Luxembourg – Colombia
Entry into force On 19 January 2024, the Grand Duchy of Luxembourg and the Republic of Colombia have signed a convention for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance (the “ DTT”). The ratification of the DTT is
Oct 23, 2024CbCR I Proposal of common template and electronic reporting formats
On 1 August 2024, the European Commission released a draft regulation to standardize multinational enterprises (“ MNEs”) income tax information for public Country-by-Country Reporting (“ CbCR”), as required by Directive 2013/34/EU. The proposal introduces a common template and electronic formats to
Oct 23, 2024Luxembourg Case Law I Application of the Saar laid down in Article 166(2bis) of the income tax law
On 31 July 2024, the Higher Administrative Court ( Cour administrative) applied for the very first time, the special anti-abuse provision laid down in Article 166(2bis) of the Luxembourg income tax law dated 4 December 1967, as amended (the “ LITL”) (case n° 49080C). Background In the case at hand
Oct 23, 2024Luxembourg Case Law I Clarification on the principle of adversarial proceedings for the tax audit
On 11 July 2024, the Higher Administrative Court ( Cour administrative ) delivered a significant ruling in a case between Mrs. (A) and the Direct Tax Administration (ACD), following a tax audit covering the fiscal years 2010 to 2015. After rejecting the claim regarding the territorial incompetence
Oct 23, 2024VAT I Implementation of an electronic value added tax exemption certificate
Introduction On 8 July 2024, the European Commission (the " Commission") adopted a legislative package to amend key VAT regulations. This initiative aims at modernizing VAT procedures by introducing an electronic VAT exemption certificate, streamlining the process for businesses and aligning with
Oct 22, 2024AML I Creation of a separate control office within the indirect tax administration
On 15 July 2024, the Luxembourg Parliament ( Chambre des députés) published a Draft Law n° 8340 (the “ Draft Law”) aimed at amending the Law of 10 August 2018 on the organisation of the indirect tax administration ( Administration de l’enregistrement, des domaines et de la TVA). The purpose of this
Oct 17, 2024ECJ Case Law I Rules in favour of the Commission in Apple State aid case
On 10 September 2024, the ECJ ruled in favour of the EU Commission in case C-465/20 P, European Commission v Ireland and Apple Sales International relating to State aid granted by Ireland to Apple. Contrary to other State aid decisions involving transfer pricing, the ECJ accepted OECD transfer