VAT

Rent free period and lease contracts: new VAT developments
25/07/2019

The rent free period commonly granted in office lease contracts has been the source of much heated debate with the Luxembourg VAT authorities. 

VAT Circular on transactions between related parties
06/03/2019

On 19 January 2019, the Luxembourg VAT authorities published Circular 790(“Circular”) to clarify Article 28 paragraph 3 of the Law of 12 February 1979 (“VAT Law”) on transfer pricing.

VAT Circular on transactions between related parties
25/01/2019

On 18 January 2019, the Luxembourg VAT authorities published a new Circular (N°790), which clarifies the provisions of article 28, §3, of the VAT Law on transfer pricing and VAT.

New tax measures revealed in the coalition agreement published by the future government – ATAD Bill amendments
07/12/2018

Further to the elections for Parliament held in October this year, the former ruling coalition between the liberal, ecological and socialist parties emerged victorious and the Prime Minister was appointed by the Grand Duke to form a new government.

Brexit relocations: The view from CMS Luxembourg
26/11/2018

Luxembourg’s well-established reputation as a leading financial centre makes it a natural candidate for financial companies weighing their Brexit relocation options.

CJEU: Open door for VAT recovery on transaction costs in case of share disposal
15/11/2018

On 8 November 2018, the Court of Justice of the European Union (“CJEU”) released its decision in the C&D Foods Acquisition ApS case (C-502/17) concerning the deduction of input VAT on consultancy costs incurred by a holding company in connection with a sale of a sub-subsidiary’s shares.

CJEU: VAT on share disposal costs recoverable in certain cases
12/11/2018

VAT on costs incurred in connection with an envisaged share disposal is in principle not recoverable. However, if the reason for the disposal lies in the VAT taxed activities of the parent company, VAT on the disposal costs may be recoverable. 

The German Federal Tax Court limits German CFC rules and anti-abuse provisions to wholly artificial arrangements
24/10/2018

In a decision of the German Federal Tax Court (GFTC) from 13 June 2018 (Decision I R 94/15 published on 17 October 2018), the GFTC ruled, among other things, that the German rules on controlled foreign companies (CFC) are not applicable if a foreign CFC is performing a genuine economic activity.

ECJ: VAT on abort costs fully deductible
18/10/2018

VAT on abort costs in case of an unsuccessful takeover bid is deductible, provided the buyer intended to supply management services for consideration to the target company.

VAT deduction right of holding companies - New Guidelines published by the VAT authorities
13/08/2018

• On 11 June 2018, the Luxembourg VAT Authorities published Circular n° 765-1 providing additional guidelines on the VAT deduction right of partial VAT taxable persons, i.e. taxable persons performing both activities within the scope of VAT and activities outside the scope of VAT.
• A first Circular n°765 was published in 2013, focusing specifically on the VAT deduction right of mixed VAT taxable persons and stating that mixed taxable persons should determine whether input VAT can be deducted based on a direct allocation of their costs to specific revenues or based on specific keys.
• While Circular n°765 provides guidelines regarding the VAT deduction methodology applicable to companies performing both VAT taxable and VAT exempt activities, Circular n°765-1 clarifies the methodology to be used by companies carrying out both economic activities (VAT taxable or VAT exempt) and non-economic activities (outside the VAT scope – e.g. passive holding of shares), so called ‘‘partial VAT taxable persons’’.
• As from 1 January 2018, the new Circular extends the VAT deduction methodology described as per Circular n°765 to partial VAT taxable persons. The latter have to therefore determine their VAT deduction right by applying the direct allocation method or specific allocation keys.