Latest Newsletters & Newsflashes
Jul 13, 2022DAC6 | Updated guidance from direct tax administration
Background The EU Directive 2018/822 on the mandatory automatic exchange of information in relation to reportable cross-border arrangements was transposed into Luxembourg domestic law by the law of 25 March 2020 (the " DAC 6 Law"). As a reminder, the DAC 6 Law applies to cross-border tax
Jul 13, 2022End of the exceptional measure regarding teleworking for cross-border workers
As previously detailed in our newsflash dated 19 March 2020 (as updated ), the Luxembourg Government had agreed on an “exceptional measure” with the Belgian, French and German Governments regarding the taxation of Belgian, French and German cross-border commuters normally working in Luxembourg and
Jul 13, 2022Higher administrative court confirms that DTA is disallowed to control SPF companies
By a decision of 17 May 2022, the Higher Administrative Court ( Cour administrative) confirmed judgments of the Lower Administrative Court ( Tribunal administratif) of 15 September 2021 that overturned a decision rendered by the Director of the Direct Tax Administration ( Administration des
Jul 13, 2022Securitisation Regulation | EBA publishes final draft risk retention RTS
On 12 April 2022, the EBA published its final draft Regulatory Technical Standards (the " RTS") specifying the requirements for originators, sponsors and original lenders related to risk retention as laid down in Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for
Jul 13, 2022Crowdfunding Regulation | Latest legal and regulatory developments
Introduction Since the entry into force of Regulation (EU) 2020/1503 of 7 October 2020 on European crowdfunding service providers for business (the “ Crowdfunding Regulation”) on 10 November 2021, and its transposition into Luxembourg law by the Law of 25 February 2022, the legislative and
Jul 13, 2022Clarifications on the ESAs’ draft RTS under SFDR
On 2 June 2022, the European Supervisory Authorities (“ ESAs”) provided clarifications on the ESAs’ draft RTS issued under Regulation (EU) 2019/2088 on sustainability–related disclosures in the financial sector (“ SFDR”). Such clarifications concern the draft RTS included in the final report with
Jul 13, 2022CSSF Circular 22/810 | Notification and De-Notification procedures for marketing and pre-marketing on eDesk
Background Directive 2009/65/EC of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (“ UCITS”) as amended (the " UCITS Directive”), as well as Directive 2011/61/EU of 8 June 2011 on
Jul 12, 2022Newsflash | Cross-border workers, tax exposure and social security affiliation: what rules apply as of 1 July 2022?
Due to the development of teleworking in the context of the COVID-19 pandemic, the question of taxation and social security affiliation of cross-border workers has been debated. In response to the COVID-19 pandemic, the Luxembourg Government agreed in early 2020 on exceptional and temporary measures
Jul 11, 2022ESMA supervisory briefing on sustainability risks and disclosures in the area of investment management
On 31 May 2022, the European Securities and Markets Authority (ESMA) published a supervisory briefing on sustainability risks and disclosures in investment management area ('' Briefing''). The briefing is addressed to EU National Competent Authorities (NCAs). ESMA has developed this supervisory
Jul 08, 2022CSSF updates AML sub-sector risk assessment for the collective investment sector
Purpose and Scope In January 2020, the CSSF published its first Sub-Sector Risk Assessment (“ SSRA”) on money laundering/terrorist financing (“ ML/TF”) risks faced by the collective investment sector. The conclusions drawn in this first assessment were based on quantitative data collected through
Jul 06, 2022Draft laws transposing EU directive 2019/1158 of 20 June 2019 on work-life balance for parents and carers
In line with the Government’s will to encourage a more equal sharing of family responsibilities between women and men, two draft laws No.8016 and No.8017 have been presented in June before the Luxembourg Parliament ( Chambre des Députés) (together the “ Draft Laws” and each a “ Draft Law”). The
Jul 05, 2022MICA | Regulation of distributed ledger technology
The first cornerstone: the adoption of the Markets in Crypto-assets (“MiCA”) regulation On 30 June 2022, the European Parliament and Council reached a provisional agreement on the MiCA regulation (the " MiCA Regulation"), providing a long-awaited legal framework for crypto-assets. The MiCA
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