Belgian legal articles, law ressources online and legal information

Closing of a bankruptcy case for lack of assets does not end the bankruptcy operations in Luxembourg
10/12/2015

According to the Court of Appeal, instead of entirely putting an end to bankruptcy operations, the decision to close the bankruptcy case only "suspends the bankruptcy process", while restoring individual rights to creditors. The appeal judges further indicated that "the bankruptcy regime stops existing, but the debtor remains under the threat of the re-opening of bankruptcy operations, which virtually survive".

Application of the new procedure on exchange of information on demand
09/12/2015

On August 13th 2015, the Luxembourg Administrative Court (tribunal administratif) (the “Court”) took the first decision in the matter of exchange of information in application of the law of November 25th 2014 relating to the new procedure applicable to exchange of information on demand (the “Law”). The Law significantly reduces the rights of taxpayers to appeal against a request of information on demand and provides for an administrative fine in case of non-communication of the required information.

New Transparency Requirements For Issuers Of Securities And Notifications Of Major Holdings Under Directive 2013/50/EU
08/12/2015

The CSSF has provided clarifications in relation to the provisions of Directive 2013/50/EU which introduces amendments to the Transparency Directive (transposed into Luxembourg law by the Transparency Law).

Omnibus bill 6847
07/12/2015

On 5 August 2015 the bill of law 6847 (the “Bill”) introducing major corporate tax measures was submitted to the Luxembourg Parliament. This Bill aims mainly:

First European BitLicense granted in Luxembourg
04/12/2015

The Minister of Finance of the Grand Duchy of Luxembourg has announced it has granted the first bitcoin licence to provide services as a regulated payment institution within the European Union.

Working time Directive – Travel to place of work
04/12/2015

Directive 2003/88/EC of the European Parliament and of the Council of November 4th 2003 concerning certain aspects of the organisation of working time (the “Directive”) defines working time as “any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties (…)”. A rest period is any period which is not deemed working time.

Luxembourg IP Revenues Tax Regime : taxpayers eligible on 30 June 2016 continue to benefit until 30 June 2021
03/12/2015

The Luxembourg so-called 50bis Regime reduces the effective tax rate applicable to income from registered intellectual property and copyright protected software to approximately 5.85%. Following the OECD compromise on IP tax regimes that regime will be phased out: taxpayers eligible on 30 June 2016 will continue to benefit from this measure until 30 June 2021. There is thus still a window of opportunity to bring IP to Luxembourg and to benefit from the regime for another 5 years, especially if the migration takes place before 1 January 2016.

Common reporting standard
03/12/2015

On 14 August 2015, bill of law 6858 (the “Bill”) concerning the automatic exchange of financial account information in the field of taxation was submitted to the Luxembourg Parliament.

Les Garanties Légales En Matière De Vente Immobilière
02/12/2015

L’acquisition d’un bien immobilier représente souvent l’investissement le plus important d’une vie, car son financement nécessite la plupart du temps la souscription d’un contrat de prêt qui s’étale généralement sur une très longue durée. Si l’acquéreur connait le coût total de l’acquisition de son bien immobilier, certaines dépenses imprévues peuvent apparaitre après la signature de l’acte de vente, et peuvent très vite coûter beaucoup d’argent aux nouveaux propriétaires.

Confirmation of the established case law in the matter of abuse of law
02/12/2015

On July 15th 2015, the Administrative Court took a decision on the application of the concept of the abuse of law to transactions performed by a Luxembourg taxpayer.

Archive 2015

Closing of a bankruptcy case for lack of assets does not end the bankruptcy operations in Luxembourg
10/12/2015

Application of the new procedure on exchange of information on demand
09/12/2015

New Transparency Requirements For Issuers Of Securities And Notifications Of Major Holdings Under Directive 2013/50/EU
08/12/2015

Omnibus bill 6847
07/12/2015

First European BitLicense granted in Luxembourg
04/12/2015

Working time Directive – Travel to place of work
04/12/2015

Luxembourg IP Revenues Tax Regime : taxpayers eligible on 30 June 2016 continue to benefit until 30 June 2021
03/12/2015

Common reporting standard
03/12/2015

Les Garanties Légales En Matière De Vente Immobilière
02/12/2015

Confirmation of the established case law in the matter of abuse of law
02/12/2015

LexGO Network

Archive 2015

Closing of a bankruptcy case for lack of assets does not end the bankruptcy operations in Luxembourg 10/12/2015

Application of the new procedure on exchange of information on demand 09/12/2015

New Transparency Requirements For Issuers Of Securities And Notifications Of Major Holdings Under Directive 2013/50/EU 08/12/2015

Omnibus bill 6847 07/12/2015

First European BitLicense granted in Luxembourg 04/12/2015

Working time Directive – Travel to place of work 04/12/2015

Luxembourg IP Revenues Tax Regime : taxpayers eligible on 30 June 2016 continue to benefit until 30 June 2021 03/12/2015

Common reporting standard 03/12/2015

Les Garanties Légales En Matière De Vente Immobilière 02/12/2015

Confirmation of the established case law in the matter of abuse of law 02/12/2015

LexGO Network

Closing of a bankruptcy case for lack of assets does not end the bankruptcy operations in Luxembourg
10/12/2015

Application of the new procedure on exchange of information on demand
09/12/2015

New Transparency Requirements For Issuers Of Securities And Notifications Of Major Holdings Under Directive 2013/50/EU
08/12/2015

Omnibus bill 6847
07/12/2015

First European BitLicense granted in Luxembourg
04/12/2015

Working time Directive – Travel to place of work
04/12/2015

Luxembourg IP Revenues Tax Regime : taxpayers eligible on 30 June 2016 continue to benefit until 30 June 2021
03/12/2015

Common reporting standard
03/12/2015

Les Garanties Légales En Matière De Vente Immobilière
02/12/2015

Confirmation of the established case law in the matter of abuse of law
02/12/2015