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Archive 2017


Year-End Tax Bulletin 2017

Year-End Tax Bulletin 2017
24/11/2017

The Tax Bulletin for 2017, which you will find below (and which is available for download), gives an overview of the most significant tax developments that took place in our home markets, Belgium, Luxembourg, the Netherlands and Switzerland, in 2017.

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Mr. Vivian Walry
Mr. Cédric Buisine
Mr. Milan Hauber

A special securitisation framework in the EU
22/11/2017

The EU aims to equip its domestic economy with a broad and sustainable financial base by means of the Investment Plan for Europe (the “Investment Plan”). The Investment Plan promotes an investment friendly environment by establishing a true single market for capital, the so-called Capital Markets Union (the “CMU”)

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Mr. Vincent Wellens

GDPR Series: Part 16 - Processor Obligations
21/11/2017

This series provides more detailed insight into the General Data Protection Regulation, which was published on 4 May 2016 and must be complied with by 25 May 2018.

This issue focuses on the obligations directly imposed by the GDPR on processors. Indeed, processors have a number of new obligations under the GDPR, non-compliance with which may result in the imposition of sanctions.

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Mr. Pierre-Alexandre Degehet
Mr. Maria Casanova

CSSF Press Release 17/38 on risks of ICOs for investors
20/11/2017

An ICO is an unregulated and innovative way of public fund raising, by selling coins or tokens. By launching an ICO, a company (the Issuer) (startup and/or fintech company) or an individual, issue coins or tokens for sale in exchange of virtual currencies, such as Bitcoin. Sometimes, ICOs may as well involve traditional currencies

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Mr. David Maria

New Luxembourg IP Tax Regime
20/11/2017

Intellectual property (hereinafter "IP") is a key factor in economic growth. In this respect, draft law n°7163 was tabled on 4 August (hereinafter "Project").

As part of the OECD and G20 BEPS Action Plan, countries agreed that any preferential regime should meet the requirement of substantial activity in order to realign taxation of profits with the origin of economic activities.

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IT Outsourcing Relying on Cloud Computing - CSSF Circular 17/654

IT Outsourcing Relying on Cloud Computing - CSSF Circular 17/654
20/11/2017

On May 17th 2017, the Commission de Surveillance du Secteur Financier (“CSSF”) published four new circulars including Circular 17/654 (“Cloud Circular”) concerning IT outsourcing, which modify the existing regulatory framework, and relate to cloud computing infrastructure. The purpose of the Cloud Circular is to clarify the regulatory framework governing IT outsourcing relying on a cloud computing infrastructure provided by an external provider.

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Mr. Clément Petit
Mr. Benoît Rose

ESMA Q&A update and focus on the new EU prospectus regulation ESMA Q&A update and focus on the new EU prospectus regulation
17/11/2017

On 20 October 2017, the European Securities and Markets Authority (the “ESMA”) updated its Questions and Answers Prospectuses document (27th version) (the “Q&A”) in relation to the new prospectus regulation (EU 2017/1129) (the “Regulation”) published in the Official Journal of the European Union on 30 June 2017.

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VAT | The IGP Exemption does not apply to the Financial and Insurance Sector

VAT | The IGP Exemption does not apply to the Financial and Insurance Sector
17/11/2017

On September 21st 2017, the European Court of Justice (the “ECJ”) rendered its judgements in three different cases regarding the interpretation of the VAT exemption of services supplied by independent groups of persons (“IGP”) to their members.

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Mrs. Emmanuelle Ragot
Ms. Florence Delille

Les écrits numériques : vers une dématérialisation de tous contrats ?
15/11/2017

Le développement du commerce électronique et des échanges à distance a eu un impact fondamental sur la manière d’entrer dans une relation contractuelle. Si un contrat reste formé par la rencontre d’une offre et d’une acceptation, plusieurs problématiques spécifiques ont émergé de l’utilisation de ce nouveau moyen de communication et d’entrée en relations.

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MIFID II | Draft Law and Grand Ducal Regulation

MIFID II | Draft Law and Grand Ducal Regulation
13/11/2017

According to the Directive 2014/65/EU of 15 May 2014 on markets in financial instruments (“MiFID II”), Member States must transpose the directive in national law by July 3rd 2017 and apply those laws and regulations from January 3rd 2018. We have written on MiFID II and the delegated directive and regulations supplementing MiFID II in earlier newsletters.

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