Latest Newsletters & Newsflashes
Jun 14, 2021Proposed changes to Commentaries in the OECD Model Tax Convention
The Working Group on Tax Conventions and Related Questions (the “ Working Group”) of the Organisation for Economic Co-operation and Development (the “ OECD”), the subsidiary body of the OECD Committee on Fiscal Affairs in charge of the Model Tax Convention, has recently undertaken work to amend the
Jun 09, 2021Provisional agreement on public country-by-country reporting
CONTEXT On 1 June 2021, public country by country reporting (“ CbCR”) has been proposed as an amendment to the Accounting Directive 2013/34/EU (the “Accounting Directive”) through the introduction of a proposed directive on the disclosure of income tax information by certain undertakings and
Jun 01, 2021Extension of teleworking for Belgian, French and German cross-border workers in the context of the Covid-19 pandemic
As previously detailed, inter alia, in our newsflash dated 19 March 2020 (as updated), the Luxembourg Government has once again found an agreement on the “exceptional measures” put in place with the Belgian, French and German Governments regarding the taxation of cross-border commuters normally
Jun 01, 2021Benchmark Regulation | Update to ESMA’S Q&A
On 28 May 2021, ESMA published an updated version of the Questions & Answers (hereinafter the “ Q&A”) on the implementation of the Regulation (EU) 2016/1011 of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds
Jun 01, 2021MIFID II and MIFIR | ESMA updated Q&AS on investor protection and intermediaries topics
On 29 March 2021 and on 28 May 2021, ESMA updated its Questions and Answers (" Q&As") concerning investor protection and intermediaries topics under Directive 2014/65/EU of 15 May 2014 on markets in financial instruments (“ MiFID II”) and Regulation (EU) 600/2014 of 15 May 2014 on markets in
May 31, 2021Communication of the European Commission on business taxation for the 21st century
The European Commission has taken the opportunity in the post-pandemic context to publish a communication on 18 May 2021 in which it sets out its future projects in the field of taxation in the European Union. The communication contains both short and long-term measures that take into account not
May 28, 2021Newsflash | Draft Bill amending the Securitisation Law
The long anticipated draft law 7825 (the “ Draft Law”) has been submitted to the Luxembourg Parliament ( Chambre des Députés) by the Luxembourg Minister of Finance on 21 May 2021. If adopted in its current form, the Draft Law will result in substantive amendments to the law of 22 March 2004 on
May 20, 2021Newsflash | Luxembourg publishes updated guidance on mutual assistance procedure in tax matters
On 11 March 2021, the Luxembourg Tax Administration (“ LTA”) published updated guidance on the Mutual Assistance Procedure (“ MAP”) in tax matters provided for in double tax conventions signed by Luxembourg. The guidance, which replaces circular L.G.Conv. D.I n o 60 of 28 august 2017, describes the
May 17, 2021Lower Administrative Court finds MPRS qualify as equity for tax purposes
On 10 May 2021, the Lower Administrative Court ( Tribunal administratif) handed down a judgment addressing (a) the equity/debt qualification for tax purposes of Mandatorily Redeemable Preferred Shares (“ MRPS”) and (b) whether a shareholding in a French Société à Prépondérance Immobilière à Capital
May 10, 2021Performance Fees | ESMA Updates UCITS and AIFMD Q&A
Since the publication of our last newsletter in March 2021, the European Securities and Markets Authority (“ ESMA”) has updated its Questions and Answers on Application of the UCITS Directive (the “UCITS Q&A”) and its Questions and Answers on Application of the AIFMD (the “AIFMD Q&A”) (together the
May 10, 2021Circular CSSF 21/771 | Application of ESMA’s guidelines on disclosure requirements under the Prospectus Regulation
On 20 April 2021, the Luxembourg CSSF published Circular 21/771 (the “ Circular”) on the application of the guidelines of the European Securities and Markets Authority (ESMA) on disclosure requirements under Regulation (EU) 2017/1129 of 14 June 2017 on the prospectus to be published when securities
May 10, 2021Prospectus Regulation | Update of ESMA's Q&A
On 31 March and 5 May 2021, respectively, ESMA published updates to its Questions and Answers (the “ Prospectus Q&A”) relating to Regulation (EU) 2017/1129 of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market (the “
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