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Corporate tax


Rulings: Limitation of validity period

Rulings: Limitation of validity period
24/12/2019

On 14 October 2019, the Luxembourg 2020 draft budget law was tabled by the Finance Minister to the Parliament (“Draft Budget Law”).

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ATAD 2 Law adopted

ATAD 2 Law adopted
19/12/2019

On 19 December 2019, the Luxembourg Parliament adopted the law transposing the Council Directive (EU) 2017/952 of 29 May 2017 (the so-called “ATAD 2”) into Luxembourg law (“ATAD 2 Law”) (first constitutional vote)

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Luxembourg 2020 budget law introducing new tax measures and law implementing ATAD II passed

Luxembourg 2020 budget law introducing new tax measures and law implementing ATAD II passed
19/12/2019

Today, the budget law for 2020 and the law implementing into domestic law Council Directive (EU) 2017/952 of 29 May 2017 (“ATAD II”) have been passed by the Luxembourg Parliament.

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CJ rules that non-EU pension funds can obtain the refund of dividend withholding tax

CJ rules that non-EU pension funds can obtain the refund of dividend withholding tax
18/12/2019

CJ rules that non-EU pension funds can obtain the refund of dividend withholding tax if they are comparable to domestic pension funds (College Pension Plan of British Columbia

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 DAC 6 Update - Where European jurisdictions stand regarding implementation?

DAC 6 Update - Where European jurisdictions stand regarding implementation?
26/11/2019

DAC 6, the sixth amendment to the Directive on Administrative Cooperation (“DAC 6”) requiring so-called tax intermediaries to report, on a mandatory basis, certain cross-border arrangements is to be transposed by each Member State into domestic laws by the end of 2019

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Bill Affecting Luxembourg Tax Rulings Issued Before 1 January 2015

Bill Affecting Luxembourg Tax Rulings Issued Before 1 January 2015
12/11/2019

On 14 October 2019, the finance minister presented a bill on the 2020 budget (the “Bill”). The Bill includes inter alia tax provisions, one of which concerns tax rulings.

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General Court sets framework for the Commission to enforce arm’s length transfer pricing under State aid rules (Fiat and Starbucks)

General Court sets framework for the Commission to enforce arm’s length transfer pricing under State aid rules (Fiat and Starbucks)
12/11/2019

On 24 September 2019, the General Court upheld the Commission’s decision that Fiat had received unlawful State aid from Luxembourg, and at the same time annulled the decision which had found the same with respect to Starbucks in the Netherlands. Even though leading to different outcomes, these judgments support the Commission in its scrutiny of advance tax rulings on transfer pricing, explicitly confirming the possibility for the Commission to verify the arm’s length nature of transactions between related parties. 

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Luxembourg Budget 2020: Limitation of validity period of advanced tax agreements

Luxembourg Budget 2020: Limitation of validity period of advanced tax agreements
06/11/2019

The draft 2020 Luxembourg budget includes a proposal limiting the validity of advanced tax agreements issued before 1 January 2015.

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“Old” rulings, rule no more!

“Old” rulings, rule no more!
04/11/2019

Luxembourg Minister of Finance Pierre Gramegna has presented the Luxembourg government’s budget bill for year 2020 to the Luxembourg Parliament today (the Budget 2020 Bill). 

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Commission decision on Fiat ruling confirmed

Commission decision on Fiat ruling confirmed
28/10/2019

In a judgment   of 24 September 2019, the General Court of the European Union (“Court”) dismissed actions brought by Luxembourg and Fiat Finance and Trade (“FFT”) against a European Commission decision 

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