Luxembourg Tax News

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Treaty between Luxembourg and Cyprus initialled

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Tax plan 2008 – corporate income tax (details)

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Treaty between Luxembourg and Hong Kong signed and details

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ECJ: hearing in case regarding transitional rules in respect of abolished German imputation system

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Phased abolition of capital duty announced

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Protocol to treaty between Luxembourg and France ratified

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ECJ: Advocate General finds Swedish legislation limiting the exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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Compatibility of exclusion of indirect ownership through companies in other EU Member States for French tax consolidation purposes with freedom of establishment referred to ECJ

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OECD releases revised draft of Part IV (Insurance) of the Report on Attribution of Profits to Permanent Establishments

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Treaty between Luxembourg and Hong Kong initialled

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ECJ: Finnish group contribution regime compatible with EC Law – details

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Treaty between Canada and Luxembourg – Canadian Federal Court of Appeal upholds Tax Court decision on non-applicability of general anti-avoidance rule to sale of shares

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ECJ: Interprets anti-avoidance clause under the Merger Directive with respect to Danish rules on taxation of exchanges of shares – details

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EU Commission refers Greece to ECJ concerning discriminatory taxation of dividends

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Second Guideline on implications of ECJ Denkavit case on French dividend withholding tax published

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EU Commission progresses infringement procedure against Austria, Germany, Italy and Finland regarding taxation of outbound dividends

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ECJ: Swedish legislation on dividend tax relief in relations with third countries is compatible with EC law – details

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ECJ: Advocate General holds German switch-over provision for low-taxed passive income of foreign PEs incompatible with EC Law – details

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ECJ: Advocate General finds Dutch withholding tax on outbound dividends incompatible with EC free movement of capital – details

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ECJ: Previous Austrian rules discriminating dividends received from third countries are compatible with free movement of capital under grandfathering clause – details

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ECJ: German thin capitalization rules reclassifying interests paid to substantial shareholders in third States are not incompatible with EC law

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Treaty between Luxembourg and France – Luxembourg Administrative Court rules income of Luxembourg SA from French real estate owned by French SCI taxable in Luxembourg

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Treaty between Belgium and Luxembourg – Luxembourg Administrative Court of Appeal decides denial of group tax treatment compatible with non-discrimination provision

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Discussion draft on application and interpretation of non-discrimination article of OECD Model – details

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International tax conference on CCCTB held in Berlin

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Bill to implement various EU Directives submitted to Luxembourg parliament

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Revised Commentary on Article 7 of OECD Model released

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New specialized investment fund regime introduced

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ECJ: temporal effects of judgment in Meilicke against Germany should not be limited – details

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