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As local and international tax regulations become more prescriptive, dealing with them in a cross-border context presents you with a significant challenge. The number and complexity of tax investigations conducted by authorities is rapidly escalating and the need for tax adjustments is rising accordingly. Luxembourg being a key jurisdiction in cross-border tax structuring, we understand the tax pressures you face. That is the reason why we endeavour to provide you with innovative and tailor-made solutions.

Whether you are a financial institution, multinational, fund, investor or high net worth individual, CMS Luxembourg Tax team can help you manage tax control cases and deal with tax authorities as well as manage tax litigation cases. The right tax advice can make a material difference to transaction costs and, in some cases, avert serious consequences.

CMS Luxembourg’s Tax lawyers are able to provide advice on a vast range of transactions to both domestic and international clients. As an example we regularly assist our funds department on the tax aspects of the structuring of regulated and unregulated real estate, private equity or debt assets funds. In addition, we are able to cover most of the countries in which you are doing business thanks to our close collaboration with highly qualified CMS experts.

Indeed CMS alliance is composed of more than 350 tax lawyers who are supported by strong technical tax intelligence teams that identify developments in tax law and policy affecting your business. This multi-disciplinary approach helps you develop robust structures that maximise tax effectiveness in alignment with your commercial strategy.

Our teams work together across Europe and beyond in the key areas affecting your business including VAT, international taxation, transfer pricing, e-commerce, M&A and investment funds, tax planning and financing.

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Dr. Gerlind Wisskirchen
May 2018
Ar­ti­fi­cial In­tel­li­gence and Ro­bot­ics: From a La­bour...
#law­volu­tion
17/05/2018
Ar­ti­fi­cial In­tel­li­gence and Ro­bot­ics: From a La­bour and Tax Per­spect­ive...
Mod­ern in­form­a­tion tech­no­logy, in­tel­li­gent al­gorithms and pro­duc­tion ro­bots are strongly in­flu­en­cing the work­ing world in the 21st cen­tury. Every­day tasks are already be­ing per­formed by in­tel­li­gent al­gorithms.
23/03/2018
European Com­mis­sion con­firms pro­pos­als to tax the Di­git­al Eco­nomy
On 21 March 2018, the European Com­mis­sion an­nounced that it is mov­ing ahead with pro­pos­als to im­ple­ment both a Dir­ect­ive on di­git­al per­man­ent es­tab­lish­ment (“di­git­al PE”) and an in­ter­im tar­geted turnover tax (the press re­lease is avail­able here).
07/03/2018
Leaked doc­u­ment re­veals EU pro­pos­als for tax­ing the Di­git­al Eco­nomy
A leaked European Com­mis­sion doc­u­ment (dated 26 Feb­ru­ary 2018 and avail­able here) re­veals an in­sight in­to the EU’s in­ten­tions re­gard­ing tax­ing the di­git­al eco­nomy. The draft pro­pos­al notes there is a con­tinu­ing mis­match between where profits are taxed and value.
05/03/2018
EU pro­pos­als move ahead for a com­mon cor­por­ate tax base
The pro­posed Com­mon Cor­por­ate Tax Base (“CCTB”) and Com­mon EU Con­sol­id­ated Cor­por­ate Tax Base (“CCCTB”) have been ap­proved by the EU’s Eco­nom­ics and Mon­et­ary Com­mit­tee (an­nounce­ment here). The European Par­lia­ment’s brief­ing from Septem­ber 2017 is avail­able.
01/02/2018
Cap­it­al gains on crypto­cur­ren­cies: what hap­pens un­der the Bel­gian...
Crypto­cur­ren­cies have re­cently at­trac­ted a lot of at­ten­tion, with many in­vestors seek­ing to be­ne­fit from this new trend. Be­ing a re­cent phe­nomen­on, crypto­cur­ren­cies are not yet sub­ject to spe­cif­ic rules in Bel­gi­um.
30/01/2018
Bit­coin tax­a­tion in France
An un­pre­ced­en­ted fin­an­cial phe­nomen­on, vari­ations in the price of bit­coin raise many ques­tions about the tax treat­ment of profits and losses gen­er­ated by in­vestors.   Bit­coin is a vir­tu­al cur­rency (or crypto­cur­rency) cre­ated in 2009.
15/12/2017
Mone­g­asque Law Re­form Sim­pli­fies In­ter­na­tion­al Es­tate Trans­fer­s' Res­ol­u­tion
Mone­g­asque Act n°1. 448 dated 28 June 2017 re­gard­ing private in­ter­na­tion­al law provides for the ap­plic­a­tion of a single law on suc­ces­sion. Yet, if es­tate plan­ning where Monaco loc­ated as­sets or Monaco res­id­ents are in­volved is go­ing to be sim­pli­fied from a civil.
02/11/2017
EU Frame­work for resolv­ing double tax dis­putes
The EU Eco­nom­ic and Fin­an­cial Af­fairs Coun­cil has ad­op­ted a Dir­ect­ive to cre­ate a new sys­tem to re­solve double tax­a­tion dis­putes between EU Mem­ber States. This meas­ure will af­ford tax­pay­ers a trans­par­ent pro­cess with clear dead­lines ap­plic­able to tax au­thor­it­ies.
20/09/2017
Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
16/03/2017
Im­pend­ing UK In­her­it­ance Tax Changes
In the 2015 Sum­mer Budget, pro­pos­als were an­nounced to change the UK tax re­gime for non-dom­i­ciles. These pro­pos­als were the sub­ject of a con­sulta­tion pa­per which was pub­lished on 19 Au­gust 2016. The new re­gime will take ef­fect as planned from 6 April 2017.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
01/12/2016
BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
23/11/2016
Au­tumn State­ment: Re­forms to the tax­a­tion of non-dom­i­ciled in­di­vidu­als
The UK’s Chan­cel­lor of Ex­chequer de­livered his an­nu­al Au­tumn State­ment today. As pre­vi­ously an­nounced at the 2015 Sum­mer Budget and fol­low­ing the HM Treas­ury con­sulta­tion pub­lished on 19 Au­gust 2016, the gov­ern­ment has con­firmed that from April 2017: .
28/10/2016
European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.
18/10/2016
Im­pend­ing UK In­her­it­ance Tax Changes
In the 2015 Sum­mer Budget, pro­pos­als were an­nounced to change the UK tax re­gime for non-dom­i­ciles. These pro­pos­als were the sub­ject of a con­sulta­tion pa­per Re­forms to the Tax­a­tion of Non-dom­i­ciles: fur­ther con­sulta­tion which was pub­lished on 19 Au­gust 2016.
31/08/2016
EU Anti Tax Avoid­ance Dir­ect­ive: Im­pact on In­vest­ment Funds
EU Mem­ber States re­cently reached an agree­ment on the EU Anti Tax Avoid­ance Dir­ect­ive 2016/0011 (the “Dir­ect­ive”). The Dir­ect­ive is aimed at tax plan­ning prac­tices cur­rently widely used by mul­tina­tion­al com­pan­ies and builds on the OECD's Base Erosion and Profit.