Latest Newsletters & Newsflashes
Oct 23, 2024CbCR I Proposal of common template and electronic reporting formats
On 1 August 2024, the European Commission released a draft regulation to standardize multinational enterprises (“ MNEs”) income tax information for public Country-by-Country Reporting (“ CbCR”), as required by Directive 2013/34/EU. The proposal introduces a common template and electronic formats to
Oct 23, 2024Luxembourg Case Law I Application of the Saar laid down in Article 166(2bis) of the income tax law
On 31 July 2024, the Higher Administrative Court ( Cour administrative) applied for the very first time, the special anti-abuse provision laid down in Article 166(2bis) of the Luxembourg income tax law dated 4 December 1967, as amended (the “ LITL”) (case n° 49080C). Background In the case at hand
Oct 23, 2024Luxembourg Case Law I Clarification on the principle of adversarial proceedings for the tax audit
On 11 July 2024, the Higher Administrative Court ( Cour administrative ) delivered a significant ruling in a case between Mrs. (A) and the Direct Tax Administration (ACD), following a tax audit covering the fiscal years 2010 to 2015. After rejecting the claim regarding the territorial incompetence
Oct 23, 2024VAT I Implementation of an electronic value added tax exemption certificate
Introduction On 8 July 2024, the European Commission (the " Commission") adopted a legislative package to amend key VAT regulations. This initiative aims at modernizing VAT procedures by introducing an electronic VAT exemption certificate, streamlining the process for businesses and aligning with
Oct 22, 2024AML I Creation of a separate control office within the indirect tax administration
On 15 July 2024, the Luxembourg Parliament ( Chambre des députés) published a Draft Law n° 8340 (the “ Draft Law”) aimed at amending the Law of 10 August 2018 on the organisation of the indirect tax administration ( Administration de l’enregistrement, des domaines et de la TVA). The purpose of this
Oct 22, 2024BSP Newsletter | October 2024
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Oct 22, 2024AML/CFT I FAQ on the SRRC on compliance with AML/CFT obligations in accordance with Circular CSSF 24/854
Circular CSSF 24/854 Circular CSSF 24/854 was published on 29 February 2024. The purpose of the circular was to provide guidance on the Summary report dedicated to AML/CFT (" SRRC") to be prepared by the ‘ ’responsable du contrôle’ ’ (" RC") and submitted to the CSSF by the ‘’ responsable du respect
Oct 22, 2024ELTIF 2.0 I The EU Commission adopts Level 2 measures
On 19 July 2024, the European Commission adopted a new Delegated Regulation implementing certain level two measures (the “ Level 2 RTS”) required pursuant to Regulation 2015/760 on European Long Term Investment Funds as amended by Regulation 2023/606 (the “ ELTIF 2.0 Regulation”). By enhancing
Oct 17, 2024ECJ Case Law I Rules in favour of the Commission in Apple State aid case
On 10 September 2024, the ECJ ruled in favour of the EU Commission in case C-465/20 P, European Commission v Ireland and Apple Sales International relating to State aid granted by Ireland to Apple. Contrary to other State aid decisions involving transfer pricing, the ECJ accepted OECD transfer
Oct 17, 2024Non-profit associations and foundations I From simplifying to strengthening procedures
The legal framework for non-profit associations (ASBL) and foundations in Luxembourg is undergoing significant changes in 2024 with the introduction of three new legislative texts: Draft Law n°8420 aims to simplify administrative procedures, including the abolishment of the homologation procedure
Oct 17, 2024MICA | Recent EU Developments
The Markets in Crypto-Assets Regulation (" MiCAR") continues to evolve, reflecting the European Union's efforts to provide a comprehensive regulatory framework for crypto-assets. This article reviews the latest developments from the European Securities and Markets Authority (" ESMA") and the
Oct 17, 2024Luxembourg Case Law I Higher Administrative Court confirms Net Wealth Tax valuation method of convertible bonds
Key takeaways In a decision ( no. 50199C ), dated 17 July 2024 the Higher Administrative Court ( Cour administrative ) upheld a decision by the Director of the Luxembourg tax authorities (“ LTA”), who in a specific case denied the valuation of convertible bonds issued by a Luxembourg tax-resident
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