Jean is Head of Luxembourg Tax and has also previously been the chair of the firm's global tax board, the firm-wide management body of our global tax practice.
He has extensive experience in advising institutional investors, private equity houses and alternative investment funds on cross-border investments all over Europe and abroad, including advising on the structuring of international acquisitions via Luxembourg regulated and non-regulated investment vehicles. He advises various international investment banks on tax structured finance schemes (including securitisations) and has expertise in EU tax and state aid matters. Jean has more than 30 years of experience as a tax lawyer and has written several books on Luxembourg and international taxation. He heads the scientific board of the Luxembourg chapter of the International Fiscal Association (IFA) and is a member of the International Bar Association (IBA). He has served as a member of the Luxembourg Bar Council and currently chairs its fiscal commission. Jean ranks "Star Individual", " Hall of Fame" and "Highly regarded" across Chambers and Partners, Legal 500 and ITR respectively, within the realm of Tax.

Expertise

Industries

Experience

Representative matters

  • McDonald’s in the preparation of the response to the EU Commission investigation regarding tax and state aid which was filed by the Luxembourg Ministry of Finance.
  • On cross-border re-domiciliation of an international metal group.
  • The Luxembourg steelmaker Ternium on the acquisition of thyssenkrupp Slab International and its wholly-owned subsidiary CSA Siderúrgica do Atlântico in Brazil, a steel slab producer with a steelmaking facility located in the state of Rio de Janeiro, with an annual production capacity of 5 million tons of high-end steel slabs, from thyssenKrupp AG. thyssenKrupp AG will assign to Ternium a two-million-ton per year agreement to supply slabs to thyssenkrupp’s former Calvert re-rolling facility in Alabama, U.S..
  • Saham Group, Africa's leading multiservices group, on the merger of Bertelsmann's and Saham Group's CRM businesses. The two companies will each hold 50 percent of the shares in the new company, which will employ almost 48,000 employees in 25 countries in Europe, Africa, Asia and the Americas. The new company will generate an annual turnover of around EUR1.2 bn.

Published Work

  • "Dossiers Internationaux Luxembourg", 8th edition, Francis Lefebvre, 2019, co-author
  • "Livre jubilaire" of the International Fiscal Association Luxembourg" Legitech, 2008 and 2018, Head of editorial board
  • "How fixed is a permanent establishment?", Kluwer, 2013
  • "Droit fiscal international (Luxembourg and international tax law issues)", Promoculture, 1999 (1st edition), 2005 (2nd edition), 2013 (3rd edition)
  • "General Principles of Luxembourg Taxation", Anthemis, 2010 

Speaking Engagements

  • Chair of the general panel, IFA Annual Conference, London, 2019 on Investments Funds and Interest deductibility:the implementation of BEPS Action 4
  • Speaker, at Meetincs on “Le Printemps Fiscal – traitement fiscal du rachat d’actions”, April 2018
  • Speaker, Seventh Annual Tax seminar “Cash extraction out of Luxembourg companies; share buy-backs with a special focus on private equity” February 2018
  • Speaker, Sixth Annual Tax seminar with presentations providing forward looking perspectives and insights on the Luxembourg, European and international tax environment. February 2017
  • Guest Speaker, at a conference organised by Meetincs.lu on Article 56 and transfer pricing. March 2017
  • Guest Speaker, 6th Annual IBA Tax Conference. Highlights of the session were: Current International Tax Issues in Cross-Border Corporate Finance and Capital Markets conference in London. January 2017
  • Guest Speaker, University of Luxembourg on Funds Taxation: “The future of funds – funds in International Tax Law: examples from Luxembourg treaties”. November 2016
  • Served as a panel moderator at the ACA Insurance Day. He presented on “The winning ecosystem for Luxembourg Wealth Management”. December 2016

Leadership Positions And Professional Affiliations

  • Co-head of editorial board of Revue de Droit Fiscal, Legitech
  • Country correspondent for European Taxation
  • Member, Scientific committee of Luxembourg chapter, International Fiscal Association (IFA)
  • Member, Section of Taxation, Foreign Lawyers Forum, American Bar Association
  • Member, International Bar Association
  • Member, Luxembourg Banking Lawyers Association (ALJB)
  • Member, Society of Trust and Estate Practitioners (STEP)
  • Head of the tax committee of the Luxembourg Bar Association
  • Luxembourg representative at the tax committee of the CCBE (Comité consultatif des Barreaux Européens) 

Recognition

Jean Schaffner is one of the leading tax lawyers in the Luxembourg market. He has outstanding experience in a range of tax matters, including advising on the tax aspects of real estate and corporate transactions, as well as acting on administrative tax disputes." "Jean Schaffner is the best tax adviser in Luxembourg.
Chambers and Partners, Tax, 2023
Jean Schaffner of Allen & Overy LLP regularly advises high net worth clients on international tax law issues." "Jean Schaffner is very good at what he does and very professional." "Jean Schaffner is a prominent tax lawyer who has prominent private wealth clients in the space.
Chambers and Partners, High Net Worth, 2023

Qualifications

Admissions

Admitted as avocat à la Cour, Luxembourg, 1995

Academic

Docteur en Droit (Ph.D), Luxembourg, 2012
HEC, Paris, 1991
DESS, International Taxation Law, University of Paris-Sud XI, 1991
Maîtrise, Political Science, University of Strasbourg, 1989
Maîtrise, Law, University of Strasbourg, 1989 

Languages

English, Luxembourgish, German, French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.