Latest Newsletters & Newsflashes
Dec 05, 2018BREXIT | Consequences of Brexit in the Sphere of International Data Transfers
The National Commission for Data Protection (“ Commission nationale pour la protection des données”, or CNPD) recently published a report on the consequences of the UK leaving the EU (“ Brexit”) in the sphere of international data transfers. This report is intended to guide Luxembourg companies
Oct 08, 2018BSP Newsletter | October 2018
This newsletter is intended as a general discussion of the following topics: Capital Markets, Corporate, Employment, Fintech, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. CAPITAL MARKETS Amendment of the Law
Oct 05, 2018Distinction Between Rental and Commercial Income under Luxembourg Tax Law
In a recent decision (No.39731 dated July 10 th 2018), the Lower Administrative Court (“ Tribunal administratif”), once again confirmed the principle that each tax year should be assessed independently. In the case at hand, an SCI (“ Société Civile Immobilière”), a type of tax transparent entity
Oct 05, 2018Mandatory Disclosure of Cross-Border Tax Arrangements by EU Intermediaries - DAC 6
On June 5 th 2018, the latest amendment to the Directive on Administrative Cooperation including a new set of rules on Mandatory Disclosure of Cross-border Tax Arrangements by EU intermediaries (“ DAC6”) was published in the EU official journal, making the proposal of the Commission applicable (
Oct 05, 2018ECJ Grand Chamber Judgment on Cross-Border Loss Relief for Permanent Establishements
On June 12 th 2018, the Grand Chamber of the European Court of Justice (“ ECJ”) handed down its judgment in Case C-650/16 A/S Bevola. The case concerned the compatibility of Danish rules on the deductibility of foreign permanent establishment (“ PE”) losses with the freedom of establishment provided
Oct 05, 2018VAT Treatment of a Redemption of Shares in Kind
On June 13 th 2018, the European Court of Justice (the “ ECJ”) handed down a ruling (Case C-421/17) on the VAT treatment of the transfer, by a limited company, to one of its shareholders, of the ownership of immovable property, as consideration for the redemption of shares. The facts of the case
Oct 05, 2018Luxembourg Circular on Virtual Currencies
On July 26 th 2018, the Luxembourg tax authority (“ LTA”) issued a circular on the taxation of virtual currencies. The LTA clarifies therein the tax treatment of operations involving virtual currencies as regards to income tax, corporate income tax and net wealth tax. The LTA starts by refusing the
Oct 05, 2018Vat Letting of a Building Qualifies as Involvment in management of Subsidiary
On July 5 th 2018, the Court of Justice of the European Union (the “ ECJ”) handed down an important ruling, clarifying that the letting of a building, by a holding company to its subsidiary, amounts to ‘involvement in the management’ of that subsidiary, which must be considered to be an economic
Oct 05, 2018Law of August 31st 2018 Concerning Societal Impact Companies
On September 14 th 2018, the Law of August 31 st 2018 (hereafter the “ Law”) was published in the Luxembourg Memorial A. The Law entered into force on September 18 th 2018 allowing the use of the " SIS" sign by companies authorised as societal impact companies, introduced in Luxembourg by the law of
Oct 05, 2018Management Companies and AIFMs | CSSF Circular 18/698
On August 23 rd 2018, the CSSF issued Circular 18/698 on the authorisation and organisation of investment fund managers and anti-money laundering and counter terrorist financing in relation to transfer agents and investment fund managers (the “ Circular”). The Circular immediately entered into
Oct 05, 2018Amendment of the Law of August 1st 2001 on the Circulation of Securities
HISTORY The law of August 1 st 2001 (the “ 2001 Law”) on the circulation of securities and other financial instruments was already, historically, an important step towards the modernisation of financial sector legislation. The modernisation was launched and a further significant step was taken in
Oct 04, 2018NEWSFLASH | Announcement CSSF – October 4th 2018
The Luxembourg financial supervisory authority (“ CSSF”) is for long time considering innovation as a driver of paramount importance towards the continued development of the financial services and the financial sector. In this context, besides many other actions undertaken, CSSF announced today the
Pagination