Newsletters & Newsflashes

On 9 September 2019, the Luxembourg Finance Minister Pierre Gramegna and the United States (“ U.S.”) Ambassador to Luxembourg exchanged ratification instruments of the Protocol amending the Double Taxation Convention between Luxembourg and the United States, thereby bringing into force the Protocol

On 3 July 2019, the ECJ published a judgment (C ‑ 316/18 University of Cambridge v HMRC) clarifying whether input VAT relating to fees, paid by a not-for-profit educational establishment in the context of the investment of donations and endowments in a fund, may be deducted. The case concerned the

Following the adoption of the new law on the Intellectual Property Tax Regime (“ IP Regime”) on 22 March 2018 (please refer to our newsletter dated March 2018 on that topic), the Luxembourg Tax Administration published on 28 June 2019 Circular L.I.R. n° 50ter/1 clarifying the application of the IP

On 2 September 2019, the CSSF updated the below sets of frequently asked questions (the “ FAQs”) for the purposes of, adding a new question regarding obligations to be complied with in case of data transfers by a central administration or a depositary to another service provider: a) Frequently Asked

On 2 September 2019, ESMA published the Final Report on the Guidelines on liquidity stress testing in UCITS and AIFs (hereinafter the “ Guidelines”), taking into account the feedback received by ESMA’s earlier consultation paper further to the recommendations by the ESRB in April 2018 in introducing

On 15 July 2019, ESMA published an updated version of the Questions & Answers (hereinafter the “ Q&A”) on the implementation of the Regulation (EU) 648/2012 of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (hereinafter referred to as “ EMIR”) following the

The Luxembourg law of 1 August 2019 (the “ New Law”) amending the law of 24 May 2011 (the “ 2011 Law”) on the exercise of certain rights of shareholders in general meetings of listed companies was published on 20 August 2019 and entered into force on 24 August 2019. The New Law adds new provisions

BACKGROUND AND DEFINITION On 30 July 2019, the CSSF published a new FAQ Document on swing pricing mechanisms which is applicable to all regulated funds (UCITS, UCIs part II and SIFs) (" UCI") making use of it in Luxembourg. Swing pricing is a mechanism designed to protect long-term shareholders from

On 8 August 2019, the Luxembourg government filed a draft law implementing the Council Directive (EU) 2017/952 of 29 May 2017 amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (hereafter the “ ATAD 2 Directive”) into Luxembourg domestic law. The ATAD 2 Directive

On 8 August, the Luxembourg Government submitted draft law No. 7465 (the “ Draft Law”) to the Luxembourg Parliament. The Draft Law transposes the EU Directive on the mandatory disclosure and Exchange of cross-border tax arrangements, commonly referred to as DAC6. The Draft Law now awaits the

On 8 August 2019, the Chamber of Deputies of the Grand-Duchy of Luxembourg issued a draft law 7467 (the “ Draft Law”) for the purposes of transposing some provisions of the Directive 2018/843 of 30 May 2018 (the “ 5th AML Directive”) amending Directive (EU) 2015/849 of 20 May 2015 (the “ 4th AML

In a judgment handed down on 10 July 2019 (C-273-19, SIA Kuršu zeme), the European Court of Justice (“ ECJ”) ruled that, in case of a chain of successive supplies of goods, the fact that the final purchaser acquired possession of the goods in the warehouse of a person forming part of the chain that