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Corporate tax


DEBRA – The new EU tax initiative aiming at promoting a fair and sustainable business environment

DEBRA – The new EU tax initiative aiming at promoting a fair and sustainable business environment
23/05/2022

Within the EU a widespread asymmetry exists between debt and equity financing. Usually, interest is tax deductible from the corporate income tax base while dividends do not benefit from such advantage

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Chronicle of a death foretold : the debt tax bias

Chronicle of a death foretold : the debt tax bias
20/05/2022

The EU Commission published its already much-debated DEBRA proposal on 11th May 2022, in her move to re-vamp again the tax environment in which corporate taxpayers try to navigate

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EU Commission issues draft DEBRA directive providing a debt-equity bias reduction allowance

EU Commission issues draft DEBRA directive providing a debt-equity bias reduction allowance
17/05/2022

On 11 May 2022, the EU Commission issued a draft directive proposing a debt-equity bias reduction allowance (the “DEBRA Proposal”). The DEBRA Proposal lays down rules (i) to provide, under certain conditions,

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European Commission proposes a debt-equity bias reduction allowance (DEBRA)

European Commission proposes a debt-equity bias reduction allowance (DEBRA)
13/05/2022

On 11 May 2022, the European Commission published a Directive proposal to tackle the tax bias in favour of debt funding. The proposal includes both a notional deduction on growth in equity

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New tax on Luxembourg real estate assets: first compliance deadline on 31 May 2022 for investment funds

New tax on Luxembourg real estate assets: first compliance deadline on 31 May 2022 for investment funds
29/04/2022

On 20 January 2022, the Luxembourg tax authorities (the LTA) published the circular PRE_IMM n°1 (the Circular) which clarifies the provision related to the new real estate tax (RET) introduced by the 2021 budget law.

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Account 115 and Luxembourg Parent-Subsidiary Exemption

Account 115 and Luxembourg Parent-Subsidiary Exemption
15/04/2022

On 31 March 2022, the Luxembourg Administrative Court ruled that account 115 contributions are not to be taken into account to determine the minimum acquisition value of a participation for the purposes of the Luxembourg parent-subsidiary exemption.

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Securitisation entities within the meaning of the EU Securitisation Regulation no longer exempt from the interest limitation rules

Securitisation entities within the meaning of the EU Securitisation Regulation no longer exempt from the interest limitation rules
14/04/2022

On 9 March 2022, a draft law was presented to Parliament in order to remove the exemption applicable to securitisation entities within the meaning of EU Regulation 2017/2402 of 12 December 2017 (the “EU Securitisation Regulation”) from the interest limitation rules

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 2017 Securitisation Entities to Be Made Subject to (ATAD 1) Interest Deduction Limitation Rules

2017 Securitisation Entities to Be Made Subject to (ATAD 1) Interest Deduction Limitation Rules
25/03/2022

On 9 March 2022, a bill amending Article 168bis of the Luxembourg Income Tax Act was brought before Parliament. The bill aims to remove 2017 securitisation entities from the list of financial undertakings

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EU regulated securitization vehicles soon into the scope of the Luxembourg interest deduction limitation rule

EU regulated securitization vehicles soon into the scope of the Luxembourg interest deduction limitation rule
24/03/2022

On 9th March 2022, the Luxembourg Ministry of Finance introduced a new bill of law n°7974 before the Luxembourg Parliament, which amends the current interest deduction limitation rule (“IDLR”) by removing EU regulated securitization vehicles (“SVs”) from the exemption provided for financial undertakings.

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Luxembourg real estate levy: Compliance obligations for Luxembourg investment vehicles

Luxembourg real estate levy: Compliance obligations for Luxembourg investment vehicles
21/03/2022

The Luxembourg tax authorities (“LTA”) released a new circular on 20 January 2022 (PRE_IMM n°1) (the “Circular”) regarding the real estate levy previously introduced by the Luxembourg law of 19 December 2020 (the “Law”).

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