ESMA Opinion on Undue Costs CSSF SAQ and How They Result in Additional Documentation Requirements for AIFMs On 17 May 2023, ESMA published its Opinion on undue costs of UCITS and AIFs (the “Opinion”).[1] The Opinion is the result of a common supervisory action (CSA) with national competent authorities (NCAs) launched by ESMA in January …
ATAD III Knocking on Luxembourg’s Door: The Directive Proposal for Reporting Requirements Applicable to Shell Companies On 22 December 2021, the European Commission published a proposal for a Directive introducing rules against the use of shell companies in the European Union (Directive 2021/0434, hereafter the “Proposal”). The Proposal is also known in practice as …
ATAD III The Directive Proposal for Reporting Requirements Applicable to Shell Companies Read More »
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 …
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 …
UPDATE : European Union postpones deadline for “DAC 6” Read More »
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 …
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 …
Scope and Regulatory Facts In its fifth Directive 2018/822/EU (generally referred to as “DAC 6”) amending Directive 2011/16/EU on disclosure requirements for cross-border tax arrangements of 25 May 2018, the Council of the European Union requires the Member States to implement statutory reporting obligations for cross-border (tax) arrangements by 31 December 2019. The implementation of DAC 6 in the …
Amending Directive 2018/822/EU (“DAC 6”) in Luxembourg Read More »
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 …
Anti-Tax Avoidance Directive II – Luxembourg Implements ATAD II Directive Read More »
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 …
Implementation of the Anti-Tax Avoidance Directive in Luxembourg Read More »
