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Articles contributed by OPF Partners
Assets on Ice
A creditor facing the inaction and non-payment of its debtor, especially if the latter is facing financial difficulties or is showing an obvious lack of enthusiasm to fulfill its obligations, may, to say the least, be tempted to use coercive measures.
Reorganisation and winding up of credit institutions
Martine Gerber-Lemaire writes on how the implementation of Directive 2001/24/EC on the reorganisation and winding up of credit institutions in five European countries has led to the acknowledgment of heterogeneous insolvency regimes in the EU
Luxembourg Regulator clarifies prospectus requirements for sukuk
In 2002, Luxembourg was the first European country to list sukuk. Today Luxembourg is already hosting 7% of Islamic investment funds worldwide, ranking fourth after Malaysia, the United Arab Emirates and Saudi Arabia. As at the end of 2010, sixteen sukuk were listed on the Luxembourg Stock Exchange.
The expected introduction of a Luxembourg expatriate tax regime for highly skilled employees
Along the same line as a number of other EU Member States, the circular letter 95/2 published by the Luxembourg tax authorities on December 31, 2010 (the “Circular”) introduces a favorable tax regime for highly skilled workers expatriated in Luxembourg as from January 1, 2011. Such a favorable tax regime became essential given the continuously increasing number of highly skilled expatriates working in Luxembourg.
Luxembourg tax authorities issue transfer pricing guidelines for intra-group financing
In a move to clarify its transfer pricing policy, the Luxembourg tax administration issued on 28 January 2011 Circular Letter n°164/2 (the “Circular”) which provides guidance on the tax treatment of companies conducting intra-group financing activities.
Restructuring & Insolvency in Luxembourg
It goes without saying that the past few years have been quite unique. Over this period, we have seen the fall of many prominent banking institutions and have experienced some quite special situations. The repercussions of these events have greatly impacted global economies and in many jurisdictions, they have led to a spectacular level of bankruptcy, insolvency and restructuring cases.
Real Estate in Luxembourg – 2010 Edition
This comprehensive brochure provides an overview of Real Estate in Luxembourg. It provides details on Luxembourg’s approach to the sector, developments during the course of 2009 and outlines those vehicles which can be used to invest in the sector. These include regulated vehicles such as the Real Estate UCI, SICAR, SIF and the unregulated SOPARFI. The booklet also covers the various tax elements of Real Estate investing.
A recently established treaty has eased the passage for investors operating between Asia and Europe
Earlier this year Luxembourg and Hong Kong put into motion a double taxation treaty offering international investors an interesting tax planning tool for investing into or out of Asia. Structuring investments through these locations has been made easier with this new treaty presenting straightforward opportunities to eliminate or mitigate direct taxes on the flow of income and profits from the countries where the target investment is located to the country where the ultimate investors or their investment vehicles are located.