Analysing the impact of the new hybrid mismatch rules (ATAD 2) on Alternative Investments
This training will be of significant importance for independent directors that need to have a clear understanding of the new hybrid mismatch rules (ATAD 2) that may, if applicable, have a severe impact on the tax profile of Alternative Investments in Luxembourg. This course will provide an overview of the scope and limits of the hybrid mismatch rules and consider practical solutions for managing their impact in practice.
The main features of the program are:
Mechanics of the new hybrid mismatch rules
- Mismatch outcome
- Related party test
- Hybrid mismtaches within the meaning of article 168ter LITL
- Hybrid mismatches
- Structured arrangements
- Imported hybrid mismatches
- Tax residency mismatches
- Limits of the hybrid mismatch rules
- Neutralisation of mismatch outcomes
Analysing the impact of ATAD 2 on Alternative Investments (Private Equity, Real Estate, Infrastructure,...)
- Typical fund structures
- Hybrid mismatches in the context of Alternative Investment Funds
- Hybrid financial instruments
- Hybrid entities
- Considering the potential impact on Luxembourg and foreign funds
- Carve-outs and limits that may apply in a fund context
- Opportunities for managing the impact of the new rules
- Comments made by the Luxembourg State Council
- Reverse hybrid mismatch rule
- Burden of proof
- Approaches taken in the ATAD 2 FAQ
- Case studies
The training will be very practical and provide participants with a clear guidance.
A qui s'adresse la formation?
The training will be targeted to directors and people that that would like to gain a clear understanding of the new hybrid mismatch rules and where these might be problematic in practice.