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VAT & securitization vehicles, why proper structuring is key

Over the years, Luxembourg became a leading center for securitization and structured finance transactions, thanks to a reliable and investor-friendly legal and tax framework.

Indeed, the applicable provisions (Law of 22 March 2004 & EU Regulation 2017/2402) provide for a flexible approach regarding the securitization’s definition, the range of assets that can be securitized (movable or immovable, tangible or intangible), the legal form of the vehicle(s) that can be used for structuring the transaction, or the ability to use compartments to segregate the assets and liabilities within the securitization vehicle (“SV”).

Source BDO

See also ECJ C-250/21 (O. Fundusz lnwestycyjny zamknięty reprezentowany przez O) – Judgment – Exemption for the granting of credits apply applies to sub-participation agreements

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