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BSP’s lawyers regularly share their knowledge through regular legal updates, newsletters and professional publications.
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Jan 30, 2025European Court of Justice denies the tax deduction of (arm’s length) interest expenses in the context of a non-genuine arrangement
On 4 October 2024, the European Court of Justice (the “ ECJ”) (Case C-585/22) ruled that Article 49 of the Treaty on the Functioning of the European Union (the “ TFEU”), which guarantees the freedom of establishment, does not preclude national legislation from fully denying the deduction of interest
Jan 30, 2025VAT I New circular and procedure for the reimbursement of VAT on director fees
On 11 December 2024, the Luxembourg Indirect Tax Authorities ( Administration de l’enregistrement, des domaines et de la TVA) issued a new circular No. 781-2 on the VAT treatment of director’s fees following the decision of the European Court of Justice (the “ ECJ”) in case C-288/22, TP v
Jan 30, 2025Luxembourg Case Law I Compliance with the principle of adversarial proceedings in relation to fines for tax offences
On 16 October 2024, the Lower Administrative Court ( Tribunal administratif ) annulled a decision by the Director of the Luxembourg Tax Authorities (“ LTA”) ( Administration des contributions directes) to uphold and increase the amount of a fine imposed by the Tax Office on a tax consultancy company
Jan 30, 2025VAT I Agreement on VAT in the Digital Age package
Introduction On 5 November 2024, the Council adopted several measures aimed at conforming the value added tax (“ VAT”) rules to the digital age. The ViDA package will bring major changes to the VAT system. The ViDA package is based on three main pillars: Pillar 1: digital VAT reporting This first
Oct 23, 2024ECJ Case Law I Enforceability of legal professional privilege vis-à-vis tax authorities confirmed
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
Oct 23, 2024Double tax treaty I Luxembourg – Colombia
Entry into force On 19 January 2024, the Grand Duchy of Luxembourg and the Republic of Colombia have signed a convention for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance (the “ DTT”). The ratification of the DTT is
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