Latest Newsletters & Newsflashes
Oct 10, 2022Input VAT deduction on services | ECJ judgment
On 8 September 2022, the Court of Justice of the European Union (the “ ECJ”) issued a judgment in case C-98/21 concerning the right to deduct input VAT for a holding company making shareholder contributions-in-kind, by providing services to the benefit of its subsidiaries. Facts of the case The
Oct 10, 2022DAC6 notification requirement for lawyers covered by legal professional privilege
Context On 5 April 2022, Advocate General Rantos opined in a pending preliminary ruling ( i.e., Case C-694/20) submitted by the Belgian Constitutional Court to the European Court of Justice (“ ECJ”) on the validity of the provisions of the EU Council’s Directive 2018/822 (“ DAC6” or the “ Directive”
Oct 10, 2022Temporary suspension of evictions for residential leases
Context On 30 September 2022, the Government Council having regard to the inflationary pressures due to the current economic environment, which continues to weigh on households, including those with a lower income, gave its approval to the draft law No. 8076 (the " Draft Law"), which, once it will
Oct 07, 2022CSSF update on cross-border distribution of investment funds
On 20 September 2022, the CSSF published an FAQ on Cross Border Distribution of Funds - Guidance on Marketing Communication (the “ FAQ”) which aims to address a number of key aspects of the application of Article 4 of the regulation 2019/1156 of the European Parliament and of the Council of 20 June
Oct 06, 2022Adjustment of input VAT deduction | ECJ decision
On 7 July 2022, the European Court of Justice (“ ECJ”) decided on case C-194/21 c oncerning the adjustment of input VAT deductions within the meaning of Articles 184 and 185 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (“ VAT Directive”). Background
Oct 06, 2022European Commission public consultation | Tackling the role of enablers that contribute to tax evasion and aggressive tax planning
On 6 July 2022, the European Commission (the “ Commission”) announced a public consultation on tackling the role of intermediaries (referred to as " Enablers") in facilitating complex tax schemes. The consultation period runs from 6 July through 12 October 2022 and aims at collecting feedback on
Oct 06, 2022Higher Administrative Court rules on concept of hidden dividend distribution
In a judgment dated 27 July 2022, the Luxembourg Higher Administrative Court ( Cour administrative) (the “ Court”) handed down a decision concerning hidden dividend distributions. Facts of the case In the case at hand, an individual (the “ Director”) was the shareholder of a foreign company (“
Oct 06, 2022Fight against money laundering and terrorist financing | Amendments to the requirements for persons subject to the AML Law
On 12 August 2022, the law of 29 July 2022 entered into force (hereinafter the “ Law”) amending 1) the Code of criminal procedure, 2) the amended law of 8 August 2000 on international judicial assistance in criminal matters, 3) the amended law of 12 November 2004 on the fight against money
Oct 06, 2022New requirements for investment fund managers to take into account sustainability risks
Background The Commission Delegated Directive (EU) 2021/1270 amends the Commission Directive 2010/43/EU which implements the UCITS directive, by imposing obligations on UCITS management companies (“ ManCos”) to integrate sustainability considerations into their decision-making and risk management
Oct 06, 2022Handbook on AML/CFT professional obligations for RAIFs
In order to prevent and raise awareness among reserved alternative investment funds (“ RAIFs”) which are subject to the law on the fight against money laundering and terrorist financing of 12 November 2004 (the “ AML/CFT Law”), the Luxembourg Registration Duties, Estates and VAT Authority (
Oct 06, 2022China and Australia added to CSSF’s list of third country equivalent jurisdictions
On 22 July 2022, the Luxembourg financial sector supervisory authority (the " CSSF") published CSSF Regulation 22-04 amending CSSF Regulation 20-02 on the equivalence of certain third countries with respect to supervision and authorisation rules for the purpose of providing investment services or
Oct 05, 2022The denial of input VAT deduction right shall be subject to the principles of neutrality and proportionality
On 3 June 2022, following a preliminary ruling requested by the Hungarian Supreme Court ( Kúria), the European Court of Justice (“ ECJ”) decided on case C-188/21 concerning the proportionality of a national measure denying a taxable person’s right to input VAT deduction. More specifically, the main
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