You are currently viewing ATAD l Update l LuxCMA’s view in relation to the EU Commission calling Luxembourg to amend its legislation transposing the Anti-Tax Avoidance Directive

ATAD l Update l LuxCMA’s view in relation to the EU Commission calling Luxembourg to amend its legislation transposing the Anti-Tax Avoidance Directive

According to the December infringement package published by the European Commission, the latter sent a reasoned opinion to Luxembourg asking it to correctly transpose the interest limitation rule of the Anti-Tax Avoidance Directive (Article 4 of the Council Directive (EU) 2016/1164). Under current Luxembourg law, securitisation companies covered by Regulation (EU) 2017/2042 of 12 December 2017 (EU Securitisation Regulation) are excluded from the scope of the interest limitation rules. The reasoned opinion follows a formal notice sent to Luxembourg on 14 May 2020.