Event

Luxembourg Administrative Court : Abuse of Law and Carry-Forward of Losses

  • Speaker  Arthur Bianco

  • Location

    Weicker Building

    4, rue Alphonse Weicker

    2721, Luxembourg, Luxembourg

  • Topic(s)
    Law
  • Type(s)
    Free of charge, In-person event, Lectures and seminars, Virtual event

Hybrid event, organized by the Department of Law and the ATOZ Chair for European and International Tax Law at the University of Luxembourg.

Abstract:

This bi-monthly lunchtime seminar series on EU and Luxembourg tax law jurisprudence aims to contribute to a deeper understanding and appreciation of difficult legal questions arising in the field of taxation as well as bridging the gap between tax practice and academic research.

This edition will be dedicated to the decisions of the Luxembourg Administrative Court of 25 April 2023, nr. 48917C and 49336C. In both cases, the tax administration denied Luxembourg corporate taxpayers the right to carry forward losses from previous years on grounds of abuse of law, which the Court followed in only one of those two cases. The judgments thus raise the question of the possibility to carry forward losses in Luxembourg and the impact of changes in the ownership structure of loss-making entities. The decisions also give insight as to the Court’s understanding of the concept of abuse of law in how it relates to the carry-forward of losses.

Arthur Bianco, PhD researcher under the supervision of Prof. Aikaterini Pantazatou, will critically discuss the decisions in light of their specific factual and legal background, also considering relevant jurisprudence.

Speaker:

Arthur Bianco, PhD researcher at the University of Luxembourg

Location:

  • online: The link to join the seminar will be sent to all registered attendees on the business day before the event
  • in person: University of Luxembourg | Weicker Building | Room A101 (first floor) | 4, rue Alphonse Weicker, L-2721 Luxembourg

Language: English

This is a free seminar. Registration is mandatory.