Spring started with the announcement of a new Luxembourg IP
regime. The regime, which will be BEPS-compliant, was announced by
Prime Minister Xavier Bettel during his annual State of the Nation
speech. This announcement had been much anticipated following the
repeal of the former Luxembourg IP regime by the 2016 budget law.
Even though draft legislation is not yet available, it is
nevertheless possible to anticipate some of the key aspects of the
new regime.
Additional changes to the Luxembourg legislation may come soon
following two recent decisions of the Court of Justice of the
European Union (CJEU): in the Berlioz case which dealt with
Luxembourg rules on exchange of information upon request, the CJEU
demonstrated that being too transparent may be problematic from an
EU standpoint; in the other case, the CJEU decided that the
Luxembourg VAT rules applicable to independent groups of persons
were not in line with the EU VAT Directive.