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Luxembourg tax unity regime breaches EU freedom of establishment

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On 14 May 2020, the European Court of Justice (ECJ) issued its decision on case (C-749/18) further to a request for a preliminary ruling by the Luxembourg Administrative Court on 30 November 2018. The ECJ ruled that the strict distinction made by the Luxembourg tax authorities between the vertical and horizontal tax unity regime is contrary to the freedom of establishment set forth in articles 49 and 54 of the Treaty on the Functioning of the European Union (TFEU).As a result, an EU non-integrating parent entity (i.e., share capital company or permanent establishment) should be able to combine horizontal and vertical tax unity without terminating the pre-existing fiscal unity nor triggering any negative tax consequences resulting from such a termination. Indeed, under Luxembourg current tax consolidation rule, the end of tax unity group before the end of the five years minimum period entails a retroactive tax assessment of each entity on a stand-alone basis.

EU Securitisation Regulation Disclosure in Times of COVID-19

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The financial markets are experiencing a significant amount of disruption for which there is no precedent. However, in these difficult times it is important...

Europe: COVID-19 Government Intervention Schemes

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Countries around the globe are facing unprecedented and rapid change due to the COVID-19 pandemic. The Government Intervention Schemes Guide provides a summary of...

Luxembourg: Mandatory Disclosures on Cross-Border Arrangements: Are You Ready?

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On Saturday 21 March 2020, the Luxembourg Parliament passed the law implementing the Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU...

Practical Recommendations for Combating the Coronavirus Epidemic in the Grand Duchy of Luxembourg

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The coronavirus (COVID-19) has been declared "a global emergency" by the World Health Organization.The Luxembourg Ministry of Health has set up a hotline as...

Coronavirus: A Quick Guide for Employers in EMEA

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Baker McKenzie's EMEA Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with 11 of the most...

EMEA Healthcare Newsletter, October 2019

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Read publication Welcome to the October 2019 edition of our newsletter.The EMEA Healthcare Industry Group Newsletter is your regular digest of legal developments affecting the...

WTO Authorizes US Tariffs in Boeing/Airbus Arbitration Decision

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On October 2, 2019, the World Trade Organization (WTO) issued an arbitration decision in European Communities and Certain Member States – Measures Affecting Trade...

European Banking Authority Outsourcing Guidelines Come into Effect: Are you ready?

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The EBA outsourcing guidelines came into effect on 30 September 2019. They are more prescriptive than the previous guidance and have a broader scope,...

Webinar – ‘No-deal’ Brexit: Key Impacts and Recommendations for Preparing your Businesses

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As the deadline for the UK's withdrawal from the EU approaches and there is an increasing risk of a no-deal Brexit, it is vital...
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