Latest Newsletters & Newsflashes
Mar 16, 2023Stay of execution granted due to the absence of a decision by the director of tax administration
By an order of 13 January 2023, the President of the Lower Administrative Court (Tribunal administratif) granted a request for a stay of execution on net wealth tax assessments. The case concerned a Luxembourg company which held a participation in a Swiss company. On the basis of the tax treaty
Mar 15, 2023Newsflash | The third tripartite agreement
In March 2022, the government and social partners of Luxembourg met and reached an agreement which aimed at mitigating the negative impact of the energy crisis on both the economy and households. Because of the market’s volatility, this agreement already planned that a new meeting of the Tripartite
Mar 02, 2023Video | Transmission of business
Watch the video with Alain Steichen and Pol Mellina: Transmission within the family: civil law and tax aspects The transmission of a business within the family generally occurs without the children having to pay their parents for being able to continue the family business. This is the main
Mar 02, 2023Annual online AML survey
Background On 15 February 2023, the CSSF started the annual online survey for the year 2022 (the “Survey”). The Survey remains mostly unchanged compared to previous years. However, some questions have been removed, added or amended. Purpose The purpose of the Survey remains the same and consists in
Feb 21, 2023Newsflash | ESG obligations for companies other than financial market participants in Luxembourg
What is ESG and why is it a hot topic? ESG stands for environmental, social, and governance (ESG) considerations. These are the criteria used to establish how sustainable a company’s business model is. ESG is now in the spotlight as a result of a shift in societal norms towards increased protection
Feb 20, 2023Newsflash | The European Parliament and the Council of the European Union have adopted, in first reading, the ELTIF 2.0 Proposal
On the 15th February 2023, the European Parliament and the Council of the European Union have adopted, in first reading, the proposal amending Regulation (EU) 2015/760 on European long-term investment funds (the “ELTIF 2.0 Proposal”). The ELTIF 2.0 Proposal aims at amending the scope of eligible
Feb 08, 2023Newsflash | Legality of the use of information on beneficial owners following CJEU’s 22 November 2022 judgment
The judgment of the Court of Justice of the European Union ("CJEU") in joined cases C-37/20 restricted the access to the register of beneficial owners (registre des beneficiaires effectifs, RBE). The ensuing consequences for the RBE pose, inter alia, the question of the access to the RBE by
Feb 01, 2023BSP Newsletter | February 2023
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Jan 31, 2023Luxembourg Lower Administrative Court confirms tax treatment of alphabet shares redemption
On 27 January 2023, the Lower Administrative Court (Tribunal adminsitratif) took, in case no. 42432, after nearly 4 years of procedures, a long awaited decision on the tax treatment applicable to the redemption of so-called alphabet shares. To the best of our knowledge this is the first case-law to
Jan 30, 2023VAT: welcome to the Digital Age
On 8 December 2022, the European Commission issued a legislative proposal for amendments to the EU VAT Directive, the Council Implementing Regulation and the Council Regulation on Administrative Cooperation as part of the package of legislation on VAT in the Digital Age initiative ("ViDA"). The VAT
Jan 30, 2023Obligation to adjust deductions of VAT if a taxable person is placed in liquidation
On 3 October 2022, following a preliminary ruling requested by the Lithuanian Supreme Court (Lietuvos vyriausiasis administracinis teismas), the European Court of Justice (“ECJ”) decided on case C-293/21 concerning the obligation to adjust deductions of VAT if a taxable person is placed in
Jan 27, 2023EU Listing Act | Interesting regulatory changes in the pipeline
On 7 December 2022, the European Commission put forward a set of measures to further develop the EU Capital Markets Union ("CMU"). These measures which are commonly referred to collectively as the "Listing Act" comprise proposals for: an amending regulation amending Regulation (EU) 2017/1129 (