Description

Luxembourg is the location of choice for the implementation of alternative investments (private equity, private debt, real estate, infrastructure, ...). As the largest fund center in Europe (and the second in the world), Luxembourg holds an impressive 56% of the global market for cross-border investment funds.

This is the third of seven seminars, focusing on substance requirements – a long-standing issue for Luxembourg companies active in cross-border business. Following the OECD's BEPS project, the importance of substance has only increased, and it is now frequently scrutinised by foreign tax authorities.

But what exactly is substance in international taxation? What is the importance of Luxembourg (professional) resident directors and good corporate governance? How can an appropriate level of substance be determined and managed in practice? And what are the tactics of foreign tax authorities when challenging the substance of Luxembourg companies?

All these questions will be answered in this presentation. You'll walk away with practical guidance on documenting, maintaining, and defending substance.

Agenda 

The notion of substance

Analysing the importance of substance in international tax 

     §  Requirements from a Luxembourg tax and regulatory perspective

     §  Requirements from a foreign tax perspective

     §  Requirements from a tax treaty perspective

     §  Requirements from a transfer pricing perspective

     §  Reputational risks

Limits of anti-abuse legislation in an EU context

Considering typical substance models

     §  Master holding company

     §  Management or service company

     §  Outsourcing model

Tactics of foreign tax authorities when challenging substance

     §  Challenging tax residency

     §  Construing a management permanent establishment

     §  Construing an operational permanent establishment

     §  Challenging beneficial ownership

     §  Challenging transfer pricing

Considerations regarding ATAD 3 (the “Unshell Directive”)

Case studies

 Dates    24 September 2026

 Time     1:30 pm – 2 pm          Registration

                          2 pm – 5:30 pm                     Presentation (15 min break)

                          Expected duration :       3h30

About the Presenter

                  Oliver R. Hoor

Oliver R. Hoor is a Partner in the International and Corporate Tax department of ATOZ. He is the Head of Transfer Pricing.

A tax professional since 2003, Oliver has experience in Luxembourg and international taxation with a focus on Alternative Investments (private equity, real estate, infrastructure, private debt), mergers & acquisitions and multinational groups. Oliver advises clients on all direct tax aspects regarding deal structuring, maintenance, reorganisations and exit planning.

Oliver is a member of the tax working groups of the Luxembourg Private Equity Association (LPEA) and the Association of the Luxembourg Fund Industry (ALFI). He is further a founding member of the Luxembourg Transfer Pricing Association (LTPA), a member of the tax committee of the Luxembourg Alternative Administrators Association (L3A), and a member of the International Fiscal Association (IFA).

Oliver is the author of more than 300 articles and books on Luxembourg and international taxation including Transfer Pricing and related documentation requirements, the OECD Base Erosion and Profit Shifting (“BEPS”) Project and the EU Anti-Tax Avoidance Directives (ATAD 1 & 2), reporting obligations of tax intermediaries (DAC6), current initiatives of the EU Commission in the field of direct taxation (ATAD 3, BEFIT, DEBRA, SAFE, DAC8, …), the OECD Model Tax Convention and Tax Treaties, EU Law and the State Aid investigations of the EU Commission (see www.atoz.lu/media-room). He is a regular speaker at conferences and a lecturer with Legitech and the Luxembourg Institute of Governance (ILA).

Oliver is qualified as a Chartered Accountant in Luxembourg (“Expert-Comptable”) as well as a certified German tax adviser (“Steuerberater”). He holds a post-graduate degree in Luxembourg Tax and a degree in Business Administration with a major in Tax from the University of Applied Sciences of Trier (Germany).

Alternative Investments in Luxembourg

Module 1: The Luxembourg toolbox : Find out more here 

Module 2: Structuring Alternative Investments : Find out more here 

Module 3: Substance requirements : Find out more here 

Module 4: Transfer pricing and related documentation requirements : Find out more here 

Module 5: The mandatory disclosure regime (DAC 6) : Find out more here 

Module 6: Tax treaties : Find out more here 

Module 7: Hidden dividend distributions and hidden capital contributions : Find out more here 

Registration  :

Registration for a single module  : €335   incl. VAT

Registration for the full programme  : €1450   incl. VAT

• 15% discount for 2 participants from the same organisation (please contact the Training Department at [email protected])
• 20% discount for 3 or more participants from the same organisation (please contact the Training Department at [email protected])

Accreditation :

Legitech has obtained accreditation from the Luxembourg Bar.

Co-funding :

Our training courses are eligible for co-funding.

Legitech is authorised to operate as a continuing professional training provider.

Authorisation No. 10001428/4.

Contact :

For any questions regarding this training programme, please contact Florence Guy at: [email protected]

Click here  for more information about our "Vouchers".

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