Newsletters & Newsflashes

On 3 July 2024, the draft law No. 8185 (the “ Draft Law”) has been voted on for the first time before the Luxembourg Parliament ( Chambre des Députés ) . A second vote on the Draft Law by the Luxembourg Parliament is normally required under the Luxembourg Constitution but it is expected that as

In a decision dated 21 March 2024 (no. 49678C), the Higher Administrative Court upheld a decision by the Director of the Luxembourg tax authorities (“ LTA”), who in a specific case refused to apply the final withholding tax on savings income in the form of interest payments made in Luxembourg to

On 25 th April 204, the Luxembourg Higher Administrative Court handed down a judgment (48917c) regarding the right to carry-forward tax losses for Luxembourg companies. In the case at hand, a company which had previously engaged in a holding activity and generated tax losses, acquired and sold a

On 4 June 2024, the Luxembourg Tax Authorities (the “ LTA”) issued the administrative circular L.I.R. n° 159/2 (the “ Circular”). The Circular provides details on the issuance of residence certificates to Luxembourg family wealth management companies ( sociétés de gestion de patrimoine familial ) (“

ESMA Report on the 2023 Common Supervisory Action and Mystery Shopping Exercise on marketing On 27 May 2024, ESMA published a report (the “ ESMA Report”) on its 2023 Common Supervisory Action (“ CSA”) with National Competent Authorities (“ NCAs”) and its Mystery Shopping Exercise (“ MSE”) related to

On 10 April 2024, the European Parliament (“ EU Parliament”) adopted its non-binding report on the proposal for a Council directive establishing a Head Office Tax system for micro, small and medium size enterprises and amending Directive 2011/16/UE. Background On 12 September 2023, the European

In a case involving a Luxembourg law firm which had been ordered by the Luxembourg Tax Authorities to disclose all documentation relating to advice given to a client for the purpose of an exchange of information upon request with the tax authority of another EU Member State, the Luxembourg Higher

On 21 May 2024, the Council of Ministers of the European Union (the " Council") unanimously approved a regulation (the " AI Act") harmonising the rules on artificial intelligence (" AI"). The Council’s position concludes a legislative journey which began on 21 April 2021 with the adoption by the

Entry into force of MiCAR On 29 June 2023, the amended Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets (“ MiCAR ”), entered into force, establishing a harmonised framework for the offer to the public and admission to trading on a trading platform: of asset-referenced tokens (“

Harmonised criteria for ESG and sustainability terms in fund names The European Securities and Markets Authority (“ ESMA”) has published the final report on fund names guidelines. The aim is to prevent “greenwashing” by ensuring that environmental, social and governmental (“ ESG”) criteria and

T he European Securities and Markets Authority (“ ESMA”) responded to the European Commission's (" EC") request for amendments to the European long-term investment fund (“ ELTIF”) regulatory technical standards (“ RTS”). Background Since the introduction of ELTIFs in 2015, their adoption in the EU

The law of 4 June 2024 amending the law of 29 August 2008 on the free movement of persons and immigration (the « Immigration Law ») was published in the Official Journal on 27 June 2024 (the “ Law”). The Law entered into force on 1 July 2024. The Law transposes into national law Directive (EU) 2021