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In a significant development for corporate responsibility, the Council of the European Union approved the Corporate Sustainability Due Diligence Directive on the 24th of May 2024, marking the culmination of its adoption process. This directive mandates large corporations to address the adverse impacts of their activities on human rights and the environment, backed by stringent penalties for any failure to comply. Significantly, this holistic framework does not just target the primary companies but also ensures that accountability is fostered through their subsidiaries and business associates across the entire value chain.

On 14 May 2024, the European Securities and Markets Authority (ESMA) issued its Final Report on Guidelines for funds' names, following its Public Statement on the matter released on 14 December 2023. These guidelines, applicable to various types of investment fund managers (IFMs), aim to clarify when the use of ESG or sustainability-related terms in fund names could be considered misleading. The Commission de Surveillance du Secteur Financier (CSSF) emphasizes that the Guidelines apply to IFMs overseeing UCITS or AIFs, regardless of their disclosure category under Articles 6, 8, or 9 of the Sustainable Finance Disclosure Regulation (SFDR). Therefore, IFMs are required to conduct a self-assessment to determine the relevance of the Guidelines to the products they manage and to ensure that fund names comply with these Guidelines.

On 14th May 2024, the EU Council adopted the EU Directive on Faster and Safer Relief of Excess Withholding Taxes (“FASTER”).

The Grand-Ducal Decree of 18 April 2024 modified the lists of Participating Jurisdictions and Reporting Jurisdictions for the CRS reporting year 2023.

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La loi entrée en vigueur le 23 septembre 2023 modifie les dispositions de la loi du 21 avril 1928 - avec une période transitoire de 24 mois pour les associations sans but lucratif (a.s.b.l.), les associations reconnues d'utilité publique et les fondations.

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Amidst the global challenges posed by climate change, financial institutions and regulatory bodies are progressively acknowledging the significance of incorporating sustainability principles into their operations. Considering this mounting necessity, the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg has recently revised its supervisory focus on sustainable finance. This move underscores the CSSF’s dedication to fostering a financial sector that is both environmentally conscious and socially responsible. It builds upon their earlier communication of priorities in April 2023

Following the transposition into Luxembourg national law of the EU Directive 2022/2523 (the "Pillar 2 Law"), multinational enterprise (MNE) groups and significant large domestic groups are required to pay a minimum tax level of 15%. The Pillar 2 law came into effect for fiscal years starting on or after 31 December 2023.

As the deadline for compliance with Circular CSSF 24/847 on ICT-related incident reporting framework rapidly approaches, financial institutions are facing mounting pressure to ensure their systems are up to standard. With the 1st of April deadline just around the corner, it's imperative for organisations to act swiftly to avoid potential penalties and reputational damage.

Grant Thornton Women in Business report celebrates 20 years of insights. In recognition of International Women’s Day, Grant Thornton has launched its International Women in Business report, which reports on actionable steps for businesses to take towards achieving gender parity.

Adjustment of tax brackets and tax credits - The legislator has adjusted the income tax scale by 4 indexed brackets, with effect from 1st January 2024. This will result in tax reduction for all taxpayers.

It's been five years since the last elections! The next social elections for companies with more than 15 employees will take place on 12 March 2024. While the process is set out in detail in a draft ministerial decree, it's important to remember that there are a lot of things that need to be done, requiring resources, time, and technical skills.

Recent decisions rendered by the Court of Justice of the European Union (“CJEU”) seem to have put an end to investigations of the European Commission (“EC”) into tax measures of the Member States based on the state aid rules. In particular, certain tax rulings granted by the Luxembourg tax authority (“LTA”) to Fiat, Engie and Amazon groups have been characterised by the EC in the past as conveying illegal selective tax advantages. Ultimately, CJEU decisions rendered in these cases found the tax rulings not to constitute unlawful state aid.

Circular CSSF 24/847 introduces a comprehensive framework for reporting ICT-related incidents in the financial sector. The aim is to gain a more detailed understanding of the nature, frequency, significance, and impact of such incidents within the context of a highly interconnected global financial system. The circular addresses the evolving ICT and security risks by expanding the incident coverage and introducing a structured reporting mechanism.

On 20 December 2023, draft law no. 8292 (“Draft Law”), transposing the EU Council Directive 2022/2523 of 14 December 2022 (“Pillar Two Directive”) into Luxembourg national law, was adopted by the Luxembourg Parliament (the “Law”). The Law aims to ensure that multinational enterprise (“MNE”) groups and significant large domestic groups pay a minimum level of tax of 15%. It incorporates amendments proposed by the Luxembourg Government in November 2023 in order to be aligned with administrative guidance issued by the OECD.