Latest Newsletters & Newsflashes
Jul 04, 2023Bellegen Akt | increase in reduction of registration and transcription duties for the acquisition of the principal residence
On 16 May 2023, the Luxembourg Parliament ( Chambre des Députés) has passed the law amending the law of 30 July 2022 setting out various tax measures designed to encourage the marketing and acquisition of building land and residential property (the “ Law”). The purpose of the Law is to increase
Jul 04, 2023ESMA updated Q&A on the application of the AIFMD
On 26 May and 13 June 2023 ESMA published its updated Q&A on the application of the AIFMD (the “ Q&A”). The answers to the questions in the June update were provided by the European Commission. Pre-marketing of AIFs In it May update ESMA clarified that non-EU AIFMs are not allowed to carry out pre
Jul 03, 2023Newsflash | New Court decision on share class redemptions: A clear(er) path to redemption?
On 14 June 2023, the Lower Administrative Court ( Tribunal administratif) took a decision (docket n°45759) on the Luxembourg tax treatment of the repurchase of shares by a Luxembourg company. The decision builds on previous case law on the matter and clarifies that in case of a proportional
Jul 03, 2023Revitalizing EU capital markets: new rules for retail investors
Introducing the retail investment package to enhance trust and participation in EU Capital Markets On 24 May 2023, the European Commission adopted a retail investment package (the “ RIP”), announced in the 2020 capital markets union action plan, which seeks to create a safer environment for
Jun 30, 2023Newsflash | Employment of third-country nationals: new restrictions in sight for employers
On 30 May 2023, the Luxembourg Parliament ( Chambre des députés) filed a draft law (the " Draft Law") amending i) the Labour Code, ii) the law of 29 August 2008 on the free movement of persons and immigration (the " Immigration Law") and iii) the law of 18 December 2015 on the reception of
Jun 30, 2023Navigating the path to ESG transparency: joint consultation paper on review of SFDR delegated regulation
European supervisory authorities (“ESAs”) release draft regulatory technical standards (“RTS”) for sustainability disclosures: proposed changes to principal adverse impacts (“PAIs”) and financial product disclosures The ESAs recently published a Joint Consultation Paper on the review of the
Jun 26, 2023Newsflash | Clarifications on the reverse hybrid rules by the Luxembourg Tax Authorities
On 9 June 2023, the Luxembourg Tax Authorities (the “ LTA”) issued the administrative circular L.I.R. n°168 quater/1 (the “ Circular”). The Circular clarifies the Luxembourg tax status of a reverse hybrid entity together with applicable taxation rules and compliance obligations. A new Form 205 has
Jun 22, 2023Newsflash | New Legislation on the Execution of Freezing Orders and on the Mutual Recognition to Confiscation Orders: Towards the Implementation in Luxembourg of Regulation (EU) 2018/1805
In 2018, the European Parliament and the European Council adopted a regulation on the mutual recognition of freezing orders and confiscation orders, the Regulation (EU) 2018/1805 of November 14, 2018. The Regulation aims at making the freezing and confiscation of assets deriving from criminal
May 22, 2023Newsflash | Entry into force of the law of 16 May 2023 on the protection of persons who report breaches of Union law: employers – are you ready?
On 16 May 2023, the Luxembourg Parliament ( Chambre des députés) adopted the long-awaited law (the " Law") transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the " Directive"). The Law
May 19, 2023Video | Is a Luxembourg holding company suitable for personal investments?
Watch the video with Alain Steichen and Pol Mellina: Our lawyers will be discussing the question whether it is a good idea to hold personal or family investments through a Luxembourg holding company. The reason why we are doing this video in English is mainly because we will be focusing on the
Apr 28, 2023Newsflash | Proposed amendments to Luxembourg administrative procedure in direct tax matters – one step forward, two steps back
On 28 March 2023, the Luxembourg government presented a draft law amending a number of aspects of the administrative procedure applicable in direct tax matters (the “ Draft Law”). While the government has presented this reform as a simplification and modernisation of the procedures applicable to
Apr 24, 2023Newsflash | Question on the constitutionality of the minimum net wealth tax regime
In a judgement dated 18 April 2023 (docket n° 45910), the Lower Administrative Court ( Tribunal administratif) referred to the Constitutional Court the question of whether the difference in treatment between holding companies, and other Luxembourg companies with regard to minimum net wealth tax
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