Latest Newsletters & Newsflashes
Apr 01, 2021Newsflash | Luxembourg implemented new tax provisions limiting deductibility of costs incurred in non-cooperative jurisdictions
On 8 January 2021, the Luxembourg Parliament voted to approve the Bill N°7547 (the “ Bill”) implementing new provisions (with effect as from 1 March 2021) related to tax deductions vis-à-vis interest and royalty expenses (the “ Law”) owed to affiliated corporations established in jurisdictions
Mar 29, 2021BSP Newsletter | March 2021
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Mar 26, 2021The value of the principle of retroactivity according to the Constitutional Court
In its judgment of 22 January 2021, the Luxembourg Constitutional Court had the opportunity to rule on the value of the principles of legal certainty, protection of legitimate expectations and non-retroactivity of laws when assessing the conformity of the law of 23 July 2016 amending, inter alia
Mar 26, 2021Luxembourg tax authorities issue circular on the prime participative regime
Context The Luxembourg tax authorities have issued guidance regarding the new profit-sharing bonus model (i.e., the so-called “ prime participative”) in its Circular L.I.R. n°115/12 dated 11 February 2021 ( the “ Circular”). The prime participative had been introduced under the Luxembourg 2021
Mar 26, 2021Tax treatment applicable to the partial transfer of a business undertaking | Court Decision
Context The Luxembourg Higher Administrative Court ( Cour Administrative) in a judgment rendered on 14 January 2021 (No. 44763C) confirms that the partial disposal of a business undertaking by an individual to third-parties should qualify as a transfer for consideration of part of a business
Mar 26, 2021Cross-border funds distribution | ESMA final report and draft ITS
On 1 February 2021, ESMA published its final report (“ Report”) and draft of the implementing technical standards (“ ITS”) under Regulation EU/2019/1156 on the facilitation of cross-border distribution of collective investment undertakings. The Report follows a consultation paper that ESMA published
Mar 26, 2021Draft Law to implement SFDR and PEPP regulations
Draft Law 7774 amends the law of 16 July 2019 implementing the EuVECA, EuSEF, MMF, ELTIF and STS securitization regulations in Luxembourg law (the “ 2016 Law”) in order to implement, on the one hand Regulation (EU) 2019/1238 on a pan-European Personal Pension Product (" PEPP") (hereinafter, "
Mar 26, 2021CSSF digitalises AML/CFT market entry form
Submission of AML/CFT Market entry form via eDesk Portal as from 15 February 2021 On 8 February 2021, the CSSF issued a communication on the digitalisation of the AML/CFT Market Entry Form (the “ Form”), which was previously to be submitted pursuant to a dedicated Excel form. As from 15 February
Mar 26, 2021Brexit | Deadline on Marketing of UK UCITS in Luxembourg
End of transitional period for the marketing of UK UCITS pushed back to 31 July 2021 On 9 February 2021, the Luxembourg Parliament ( Chambre des Députés) adopted the draft law No. 7736 (the “ Draft Law”). The Draft Law amends, inter alia, the law of 17 December 2010 relating to undertakings for
Mar 26, 2021ELTIF | ESMA proposes improvements
On 3 February 2021, ESMA sent a letter to the European Commission concerning “ Review of the Regulation (EU) 2015/760 on European long term investment funds” (the “ ELTIFs” and the “ ELTIF Regulation” or the “ Regulation”). The letter fits into the context of the impending review of the ELTIF
Mar 26, 2021COVID-19 | Extension of exceptional measures for holding meetings
Context Measures relating to holding of meetings and other legal persons, in the context of the pandemic of the Covid-19, have been initially introduced by the Grand-Ducal Regulation of 20 March 2020. These measures were extended several times; by the law of 20 June 2020, the law of 23 September
Mar 26, 2021Amendment to the Luxembourg company law to clarify financial assistance rules
Purpose of the amendment The draft law 7791, submitted to the Luxembourg Parliament ( Chambre des Députés) on 16 March 2021 (“ Draft Law”) aims to clarify whether the rules regarding financial assistance contained in the Luxembourg law of 10 August 1915 relating to commercial companies, as amended (
Pagination