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Further guidance from the ECJ on VAT exemption for the management of special investment funds
The European Court of Justice (ECJ) ruled that the VAT exemption for the ‘management of special investment funds’ may under certain conditions also encompass tax-compliance services, as well as the use of software designed for the management of special investment funds.
Recognition of UK schemes of arrangement after Brexit: key considerations from a Luxembourg perspective
The most likely way to have an English scheme of arrangement recognised in Luxembourg would be by applying to the Luxembourg courts for an exequatur recognition procedure.
Two Years Down the Road: Is the Relationship Between Debt Funds and the Securitisation Regulation Still Foggy?
It has now been two years since Regulation (EU) No. 2017/2402 of 12 December 2017, laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the Securitisation Regulation), entered into force. Although the legal market has become more sophisticated in the interpretation of its provisions and some implementing and delegated acts have been adopted, providing long awaited details as to the disclosure obligations, there is still a proverbial elephant in the room.
Latest Legal 500 Restructuring & Insolvency comparative guide now live
This country-specific Q&A provides an overview to Restructuring & Insolvency laws and regulations that may occur in Luxembourg.
Innovation Challenge ’21: the jury has selected the six finalist teams
In April 2021, everyone at Loyens & Loeff was invited to join the first ever Innovation Challenge to help build the next generation law & tax firm. After receiving 42 impressive submissions from 188 colleagues firmwide, the jury has selected the six finalist teams that will pitch their idea during the Grand Finale in July.
VAT fixed establishment non-existing without staff
The European Court of Justice (ECJ) ruled in the highly anticipated Titanium case that own staff is required for a ‘fixed establishment’ for VAT. In the case at hand, real property used by the owner for leasing activities does not constitute a VAT fixed establishment if the owner does not deploy its own local staff to perform the leasing.
Another win for our Litigation team at the Benchmark Europe Awards 2021!
Recognised for its excellent year 2020, our Litigation team was awarded the ‘Luxembourg Dispute Resolution Firm of the Year’ at the Benchmark Litigation Awards 2021 for the third time in a row. Véronique Hoffeld has also been once again recognised ‘Luxembourg Litigator of the Year’.
Holding Regimes in a New Era - 2021 edition
We are pleased to present you the 2021 edition of the Loyens & Loeff publication Holding Regimes in a New Era – Comparison of Tax and Non-Tax Aspects of Selected Countries.
COMI – Luxembourg technical analysis & case law critique
This article deals with the insolvency concept of the center of main interests (COMI) under the European Union insolvency legislation, in particular Regulation 2015/848 on insolvency proceedings (the Insolvency Regulation or the Regulation).
Far-reaching EU tax reform plans announced: what they could mean for corporate taxpayers
On 18 May 2021, the European Commission issued a communication on “Business Taxation for the 21st Century”. The announcements made therein are expected to translate into actual legislative proposals in the next three years.
EU lower court annuls State aid decision in Amazon case
On 12 May 2021, the General Court of the EU fully annulled the European Commission decision of October 2017 finding that Luxembourg had granted unlawful State aid to Amazon by means of a 2003 tax ruling. The European Commission may file an appeal with the Court of Justice of the EU.
EU lower court upholds State aid decision in ENGIE case
On 12 May 2021, the General Court of the EU upheld the European Commission decision of June 2018 finding that Luxembourg had granted unlawful State aid to ENGIE by means of various tax rulings. ENGIE and Luxembourg may file an appeal with the Court of Justice of the EU.