EU

DAC 6: Luxembourg Is Extending Reporting Deadline/Situation for Germany Remains Uncertain

  On 27 July 2020, Luxembourg has published a law amending the reporting deadline regarding cross-border tax arrangements in Mémorial A No. 638. Therefore, the following reporting deadlines apply in Luxembourg:   If the first step of an arrangement was implemented between 25 June 2018 and 30 June 2020, reporting can be made by 28 February 2021. If the first step of …

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DAC 6: German Federal Minister of Finance Comments on Extension of Deadline – Luxembourg Submits Draft Law

On 19 June 2020, we informed you about the decision of the European Council to allow EU Member States to extend the reporting period for cross-border tax arrangements as defined in the DAC 6 Directive by up to six months. The following extensions of the reporting deadline have been proposed:   If the first step of an …

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UPDATE : European Union postpones deadline for “DAC 6”

Commission proposes postponement of taxation rules due to Coronavirus crisis On 14 May 2020, we already informed about a proposal by the European Commission to postpone the original deadline for DAC 6 notification due to the restrictions during the COVID-19 pandemic. The Luxembourg Ministry of Finance endorsed this proposal in a publication of 4 June …

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Luxembourg Parliament passes DAC 6 law

News radar: On 21 March 2020, the Luxembourg Parliament discussed and voted in favor of the bill implementing the DAC 6 Regulation in national law which was last amended by bill no 749510. The amended and now implemented bill (bill no 74959) extends the exemptions from the reporting obligations to expert-comptables, auditors, and lawyers and also …

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Commercial Court submits regulations regarding Register of Beneficial Owners to ECJ for interpretation

AIQUNITED is providing information on a decision of the Luxemburg Commercial Court to submit questions in relation to Art. 15, Section 1 of the RBO Law to the European Court of Justice (“ECJ”). Art. 15 of the RBO Law restricts access to the Register of Beneficial Owners (the “RBO”) to public authorities, notaries and financial …

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RR and RC at the Crossroads Between Company Law and AIFMD

On 25 November 2019, the CSSF published its FAQs titled Persons involved in AML/CFT for a Luxembourg Investment Fund or Investment Fund Manager supervised by the CSSF for AML/CFT purposes (hereinafter referred to as the “FAQs”). The FAQs remind the management and supervisory bodies of Luxembourg investment funds , AIFMs, and UCITS management companies regulated …

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Anti-Tax Avoidance Directive II – Luxembourg Implements ATAD II Directive

Executive Summary With the law of 20 December 2019[1], Luxembourg has implemented the EU Directive ATAD II into national law with effect from 1 January 2020 by Articles 168ter and 168quater of L.I.R.[2] The directive as well as the law are intended to address so-called “hybrid mismatches” between associated enterprises and, in general, to take stronger action against tax-saving …

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German Tax Reporting and Partial Exemptions for German Investors

German Tax Reporting and Partial Exemptions for German Investors Following the introduction of the new German Investment Tax Act (“InvStG”) of 1 January 2018, the new regulations must be taken into account for the first time at the level of the investors based in Germany when preparing tax returns for the tax year 2018. 1. …

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Implementation of the Anti-Tax Avoidance Directive in Luxembourg

On 19 June 2018, the Luxembourg Government has presented a bill to transpose the European Directive laying down rules against tax avoidance practices into Luxembourg law (Council Directive (EU) 2016/1164 of 12 July 2016). EU Member States must implement this Directive in national law by 31 December 2018. Hence, the new rules will apply from 1 January 2019. The aim of the European …

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