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The need to raise funds for growth is essential for most companies and financial institutions. However, changes in capital requirements have impacted banks' ability to support such requirements. As alternative sources of financing are at times necessary, access to debt capital has become an important means for achieving this. For this reason, a partner with expertise across the full debt capital market spectrum is essential.
Sustainability is becoming an increasingly important factor in the decisions of investors, companies, consumers, shareholders and policy and law makers. The broadly supported awareness of Environmental, Social and Governance (ESG) objectives is reflected in many international voluntary standards as well as in an increasing number of European regulations.
Today, on 12 November 2024, the Court of Appeal of The Hague ruled in appeal in the Dutch climate case between Friends of the Earth Netherlands (Milieudefensie) v. Shell Plc (Shell).
The Corporate Sustainability Due Diligence Directive (CSDDD) has created a new sustainability standards framework in Dutch (corporate) law.
The anti-hybrid mismatch rules of the EU Anti-Tax Avoidance Directive (ATAD 2) aim to prevent situations of a double deduction and a deduction without a corresponding inclusion of the income at the level of the recipient resulting from a hybrid mismatch. All EU Member States have implemented ATAD2 in their domestic laws as from 1 January 2019 (for Belgium) or as from 1 January 2020 and 1 January 2022 (for a.o. the Netherlands and Luxembourg).
It is noted that EU Member states can introduce rules that go beyond the minimum standards of the ATAD2 directive. An example of this is the introduction of the ATAD2 documentation requirement in the Netherlands. Following the Dutch ATAD2 documentation requirement, all Dutch taxpayers should have documentation available in their administration that shows the (non-)applicability of the ATAD2 rules.
This first circular from the Luxembourg tax authorities provides clarifications on tax status of a hybrid entity, its taxation rules and obligations in Luxembourg.
Luxembourg is the main jurisdiction in Europe for launching credit funds with a European strategy.
In recent years tax authorities have placed more emphasis on combatting the use of abusive and aggressive tax structures by companies operating across borders, to ensure fair taxation. The EU and OECD have provided tax authorities with various instruments such as the Anti-Tax Avoidance Directive (ATAD) and the Multilateral Instrument. The judgements handed down by the CJEU on the Danish cases have also set an important precedent.
However, since entities with no minimal substance and economic activity are supposedly still used for improper tax purposes, the European Commission recently issued a new proposal (ATAD 3). It is highly recommended that taxpayers already assess the possible impact of the proposal and consider opportunities for strengthening their local footprint and/or restructuring.
The topic of this Snippet is repatriation tax strategies for (Luxembourg or other) investment funds (the “𝐅𝐮𝐧𝐝”) with a Luxembourg asset acquisition platform (“𝐋𝐮𝐱𝐂𝐨”).
This Snippet describes proposed changes to the Dutch conditional withholding tax (𝐂𝐖𝐓) rules under the 2025 Dutch tax plans.
Digital transformation is all about using the latest technology to improve your business model. Digital technology creates new business opportunities which in turn creates a whole new range of tax and legal challenges such as contracting, data protection, privacy questions, intellectual property, consumer protection and competition issues.
The speed at which digital technology has become an integral part of our daily lives has overtaken most legislative processes. In recent years, the European Union, Member-States and international legislative bodies have therefore increased their regulatory efforts.
A significant milestone for cybersecurity in Belgium was reached when the Parliament ratified the transposition of the EU NIS2 Directive on 18 April 2024.
The European Commission is launching a consultation on a long-awaited Standard Contractual Clauses (SCCs) module for data transfers to third-country controllers and processors directly subject to the GDPR.
