Francois-Xavier Dujardin , Clifford Chance

Francois-Xavier Dujardin François-Xavier Dujardin heads the Tax practice at Clifford Chance. He specialises in funds, structured finance and international tax structuring. He has more than 20 years of experience as a tax expert in Luxembourg. He is a member of the Luxembourg section of the IFA, the tax committee of the Luxembourg Bankers’ Association and the Association Luxembourgeoise des Juristes de Banques, former member of the IFRS & Tax Committee of the Luxembourg Chartered Accountant Board and the securitisation group of the Association of the Luxembourg Fund Industry. François-Xavier lectures international tax law at the Institut de Sciences Politiques at the University of Strasbourg.

Agenda

10.05-11.05

EU Anti-Tax avoidance Directive (ATAD)

  • Understanding the ATAD measures: limitation of the deductibility of interest, general anti-avoidance rule, exit tax, controlled foreign companies rules, hybrid mismatches) and the OECD BEPS influence – Overview
  • how is it expected to modify the Luxembourg tax legislation
  • How will it impact Luxembourg investment funds – Walk through example(s)

14.05-15.00

Access to Double Tax Treaties for investment funds

  • General overview
  • Modifications introduced through the OECD BEPS initiative (in particular BEPS Action 6)
  • Consequences for Luxembourg investment funds (UCITS and AIFs)

16.15-16.45

Taxes and AML-Newly introduced links:

  • Introduction of a new tax offence in Luxembourg legislation
  • Tax offences as primary offences for AML,
  • Access by tax authorities to AML files of professionals – new EU Directive (DAC5)
  • Impact for the Luxembourg investment fund industry

16.45-17.45

Exchange of information

Exchange of Information

  • introduction on exchange of information in general and how it has evolved over the last few years

Common Reporting Standard:

  • ALFI FAQs
  • Feedback on first reporting under Common Reporting Standard
    Country by Country Reporting:
  • Main features and scope
  • Country by Country Reporting for Luxembourg investment funds and funds’ structures

DAC 6 – automatic exchange of information in the field of taxation in relation to reportable crossborder arrangement:

  • New measures to be introduced and new obligations for advisors
  • Impacts for funds’ structures