Latest Newsletters & Newsflashes
Jun 17, 2019Shareholders Rights Directive II - Impact on AIFMs and MANCOs
The deadline for transposition of Directive (EU) 2017/828 amending Directive 2007/36/EC as regards the encouragement of long term shareholder participation (the “ Shareholders Rights Directive II ”) expired on June 10, 2019. The Shareholder Rights Directive II aims to enhance shareholder
Jun 17, 2019Proposal to Amend the PRIIPS Regulation
Background The EU Parliament and Council issued a proposal to amend the Cross Border Distribution Regulation ( see article) in order to amend the existing Regulation (EU) 2014/1286 of the European Parliament and of the Council relating to the key information documents for packaged retail and
Jun 14, 2019Foundation’s board member remuneration is not subject to VAT
On 13 June 2019, the ECJ published its judgment in the IO vs Inspecteur van de rijksbelastiengsdienst case (C-420/18) and clarified that the member of a foundation’s supervisory board does not qualify as a VAT taxable person as he does not independently exercise an economic activity. The foundation
Jun 07, 2019Judgment of the Higher Administrative Court on the Applicability of Article 50bis LITL
On 4 June 2019, the Luxembourg Higher Administrative Court ( Cour Administrative) handed down a judgment on the application of the intellectual property partial exemption regime. In the case at hand, an individual resident taxpayer holds various patents, including the one at issue in the present
Jun 06, 2019ESMA Publishes Updated AIFMD and UCITS Q&A
On 4 June 2019, the European Securities and Markets Authority (“ ESMA”) published updated questions and answers documents (“ Q&A”) on the application of the Alternative Investment Fund Managers Directive (“ AIFMD”) and the Undertakings for Collective Investment in Transferable Securities Directive (
May 31, 2019MiFID II & MiFIR | Update of ESMA & CSSF Q&A
On 29 May 2019, ESMA updated its Q&A on the Markets in Financial Instruments Directive 2014/65/EU of 15 May 2014 (“ MiFID II”) and on the markets in Financial Instruments Regulation No. 600/2014 of 15 May 2014 (“ MiFIR”), and more specifically, its Q&A on investor protection and intermediaries (the
May 30, 2019Luxembourg Government Council approves transposition of VAT "quick fixes"
On 24 May 2019, government ministers approved the filing of the draft law providing for a transposition of Directive (EU) 2018/1910 of 4 December 2018 regarding the harmonisation and simplification of certain rules in the value added tax system for the taxation of trade between Member States (the "
May 27, 2019AML/CFT Investment Fund Questionnaire
On 23 May 2019, the CSSF disseminated a press release about the publication of an AML / CFT investment fund questionnaire in relation to money laundering and terrorist financing risks (“ ML/FT risk”). The purpose of this new questionnaire is to collect standardised key information on the money
May 23, 2019NEWSFLASH | Law of April 12th 2019 implementing a time savings account
The law of April 12 th 2019 implementing a time savings account (hereinafter the “ Law”) was published in the Memorial [*] on April 24 th 2019. The time savings account allows employees to capitalize working hours beyond the ordinary working time. 1. Beneficiaries Any employee linked to a company by
May 17, 2019Intercompany payments for fuel cards constitutes VAT exempt financing services
On 15 May 2019, the ECJ published its judgment in the Vega International case (C-235/18) confirming its previous judgment in Auto Lease Holland (C-185/01) relating to the VAT treatment of intercompany payments for the use of fuel cards. The subsidiaries of Vega International transported commercial
May 10, 2019ECJ clarifies right to deduct input VAT on mixed expenses
On 8 May 2019, the ECJ published a judgment (C-566/17 Związek Gmin Zagłębia Miedziowego w Polkowicach v Szef Krajowej Administracji Skarbowej ) clarifying the extent of the right to deduct input Value Added Tax (“ VAT”) incurred on supplies used indissociably for the purpose of economic and non
May 03, 2019BREXIT | Two new Brexit Laws for the Luxembourg Financial Sector
In anticipation of the UK leaving the EU (or simply “ Brexit” as it is more commonly referred to) without an agreement in place (the so-called “ Hard Brexit” scenario), the Luxembourg legislator has taken swift action to facilitate a smooth transition for those who may be most affected – it has
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