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BSP’s lawyers regularly share their knowledge through regular legal updates, newsletters and professional publications.
Latest Newsletters & Newsflashes
Jan 23, 2025Luxembourg Case Law I Higher Administrative Court rules on the valuation method to be retained for shares received by way of donation
Key takeaways On 21 November 2024, the Luxembourg Higher Administrative Court ( Cour administrative) handed down a decision regarding the acquisition value and the acquisition date to be ascribed to shares received by way of donation. This was particularly relevant in the context of the computation
Oct 17, 2024Luxembourg Case Law I Higher Administrative Court confirms Net Wealth Tax valuation method of convertible bonds
Key takeaways In a decision ( no. 50199C ), dated 17 July 2024 the Higher Administrative Court ( Cour administrative ) upheld a decision by the Director of the Luxembourg tax authorities (“ LTA”), who in a specific case denied the valuation of convertible bonds issued by a Luxembourg tax-resident
Jul 10, 2024ECJ Case Law I VAT - Adient Case - Notion of fixed establishment
Key takeaways On 13 June 2024, the European Court of Justice (“ ECJ”) issued its ruling in case C-533/22 ( Adient case) pertaining to whether an affiliated undertaking may be regarded as a fixed establishment of another foreign group company for VAT purposes. Facts of the case Adient group is a
Apr 16, 2024Luxembourg Higher Administrative Court rules on participation exemption and stock lending
Key Takeaways On 6 February 2024, the Luxembourg Higher Administrative Court denied the benefits of the Luxembourg participation exemption to participations which had been lent by a Luxembourg-resident capital company to third-parties as “ créances-titres ”. Facts at hand In the case at hand, a
Jan 23, 2024Luxembourg tax authorities issued FAQ on new obligations of digital platform operator
Key takeaways The Luxembourg tax authority published a “frequently asked question” (“ FAQ”) on 7 December 2023 providing guidance on application of the new EU obligations of digital platform operators (Council Directive (EU) 2021/514) on administrative cooperation in the field of taxation
Oct 10, 2023ECJ admits direct claim filed for reimbursement of overpaid input VAT paid to suppliers
Key takeaways On 7 September 2023, the European Court of Justice (“ ECJ”) issued its ruling in case C-453/22 where a VAT taxable person has been considered entitled to recover overpaid VAT from VAT authorities directly when the latter is not in a position to recover such overpaid VAT from its
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