Latest Newsletters & Newsflashes
Jan 02, 2019Input VAT deduction on overhead costs in hire purchase transactions
On October 18 th 2018, the Court of Justice of the European Union (the “ ECJ”) handed down an important ruling (case C-153/17), providing new guidance regarding the deduction of input VAT on general overhead costs in hire purchase transactions. The dispute at hand involved Volkswagen Financial
Jan 02, 2019OECD guidance on the concept of substance for no or only nominal tax jurisdictions
On November 15 th 2018, the Organisation for Economic Co-operation and Development (“ OECD”) published technical guidance for the application of the substance requirement to “low or no tax jurisdictions”. In a report dated 1998, the OECD had already taken the view that one of the most effective
Jan 02, 2019Update on the EU legislative proposal to facilitate cross-border distribution of investment funds
On December 6 th 2018, the Committee on Economic and Monetary Affairs (the “ Committee”) adopted the report issued by Wolf KLINZ on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC of the European Parliament and of the Council and Directive
Jan 01, 2019TAX Treaty Update
With draft law No. 7390 (the “ Draft Law”), which was submitted to the Luxembourg Parliament on December 4 th 2018, Luxembourg aims at further expanding its already comprehensive double tax treaty network. If adopted, the Draft Law will ratify a new double tax treaty, replace an existing one and
Jan 01, 2019ECJ clarification of conditions for input VAT deduction in share disposals
In a ruling issued on November 8 th 2018 (C-502/17), the ECJ clarified the conditions for input VAT deduction on expenses incurred in the context of share disposal transactions. The plaintiff, C&D Foods Acquisition ApS (the “ Parent”), a Danish company, was the parent of Arovit Holding A/S, which
Jan 01, 2019Luxembourg government announces tax policy for the coming term (2018-2023)
The 2018 legislative elections having delivered their results, the previous coalition formed by liberals (DP), socialists (LSAP) as well as ecologists (Déi Gréng) has been re-elected for another 5-year term. In the course of the coalition formation, a new coalition agreement ( projet de gouvernement
Jan 01, 2019Eba guidelines on reporting obligations under the PSD 2 in Luxembourg
The CSSF has adopted on December 17 th 2018 the guidelines of the European Banking Authority on the notification of major operational or security incidents (EBA/GL/2017/10) (the “ EBA Guidelines”). CSSF Circular 18/704 (the “ CSSF Circular”) adopting the EBA Guidelines (attached as its Annex 1) is
Dec 31, 2018NEWSFLASH | Reminder: supplementary pension schemes
The Chamber of Deputies of the Grand-Duchy of Luxembourg adopted on 1 August 2018 a law (hereinafter “ the Law”) modifying the law of 8 June 1999 on supplementary pension schemes. The Law aims at implementing a European Directive of 16 April 2014 on supplementary pension rights [1] (hereinafter “
Dec 31, 2018Luxembourg fiscal unity regime | Request for preliminary ruling from ECJ
By a decision of November 29 th 2018, the Luxembourg Higher Administrative Court ( Cour administrative) referred three questions to the European Court of Justice of (" ECJ") for a preliminary ruling concerning the former tax consolidation regime applicable in Luxembourg until 2015 and which provided
Dec 28, 2018NEWSFLASH | Reminder: improvement of the employee’s situation in the event of a long-term incapacity
The Chamber of Deputies of the Grand-Duchy of Luxembourg adopted on 10 August, 2018 the law on the maintenance of the employment contract and the gradual return to work in the event of a long-term incapacity (“ the Law”). The modifications hereunder detailed will enter into force on 1 January, 2019
Dec 28, 2018OECD publishes Peer Reviews on the exchange of Tax Rulings
On December 13 th 2018, the OECD published the 2017 Peer Review Reports on the Exchange of Information on Tax Rulings. These reports reflect the outcome of the second peer review of the Implementation of Action 5 of the BEPS Project and cover the tax year 2017. The reports review the implementation
Dec 28, 2018ECJ confirms right to deduct input “VAT” following a failed takeover bid
On October 17 th 2018, the Court of Justice of the European Union (the “ ECJ”) handed down a ruling (C-249/17) confirming the right to deduct, in full, input VAT paid on expenditure incurred in the context of a takeover bid, provided that the exclusive reason for that expenditure was to be found in
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