Newsletters & Newsflashes

One-stop shop for EU SMEs with EU permanent establishment(s) On 12 September 2023, the European Commission (“ EC”) proposed a Directive establishing a Head Office Tax system for micro, small and medium sized enterprises and amending Directive 2011/16/EU. The contemplated Head Office Tax (“ HOT”)

On 4 August 2023, the draft law No. 8291 (the " Draft Law") aimed at (i) implementing Regulation (EU) 2022/2554 of 14 December 2022 on the digital operational resilience of the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU)

Background On 17 May 2023, ESMA issued its opinion on undue costs of UCITS and AIFs (the “ Opinion ” ). The Opinion follows ESMAs Common Supervisory Action ( “CSA”) with National Competent Authorities ( “NCAs”) launched in January 2021. The aim of the CSA was to assess compliance with the cost

On 30 August, the Luxembourg Parliament (“ Chambre des députés”) tabled draft law No.8304 (the " Draft Law") amending the law of 29 August 2008 on the free movement of persons and immigration (the " Law"). The Draft Law aims at transposing into national law Directive (EU) 2021/1883 of 20 October

A harmonized taxable basis for the EU On 12 September 2023, the European Commission (“ EC”) proposed a Directive on Business in Europe: Framework for Income Taxation (“ BEFIT” or the “ Proposal”). The Proposal replaces to a certain extent the Common Corporate Tax Based and Consolidated Corporate Tax

The law and RGD of 21 July 2023 The law of 21 July 2023 entered into force on 28 July 2023, and contained many changes amending all of the fund product laws, amongst which changes to the subscription taxes levied on certain funds. At the same time Grand-Ducal regulation was published the purpose of

On 17 August 2023, the CSSF published its first set of questions and answers on virtual asset service providers (" VASP") (the " Q&A "). In its Q&A, the CSSF provides clarity on some key questions, such as who has to register as a VASP with the CSSF and when that registration should be done

On 13 July 2023, in its judgement rendered in case C-615/21, the European Court of Justice (the “ ECJ”) ruled that the interruption of the statutory limitation period in respect of the right of the tax authorities to assess VAT is in line with the principles of legal certainty and of effectiveness

Entry into force The income and capital double tax treaty between Cape Verde and Luxembourg was signed on 13 January 2022 (“ DTT”). On 21 June 2023, the Luxembourg Government Council approved the ratification of the DTT. The DTT will enter into force as from 1 January of the year following the

Since our last newsletter, ESMA has published the following in relation to Directive 2014/65/EU of 15 May 2014 on markets of financial instruments (“ MiFID II”) and Regulation (EU) 600/2014 on markets of financial instruments (" MiFIR"): Final Report on the review of the technical standards for

On 13 July 2023, ESMA updated its questions and answers (“ Q&As”) in relation to Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the “ Securitisation Regulation

Aims of the Draft Law The parliamentary process leading to the introduction of a new law on business concentrations (Draft Law No. 8296) (the “ Draft Concentration Control Law”) was started on 23 August 2023. Luxembourg is the only EU member state that does not have a national law on the control on