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Luxembourg Tax alerts

Tax alert is issued on a regular basis highlighting the latest key tax developments in Luxembourg.

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Germany, France and Belgium COVID-19 cross-border personal tax measures: further 2022 extensions confirmed

29 March 2022

To mitigate the risk that these employees are taxed in their home state during this exceptional situation, amicable tax agreements were concluded between Luxembourg and Belgium, Germany and France.

New draft law would include securitization vehicles subject to Securitisation Regulation (EU) 2017/2402 within scope of interest deduction limitation rules

16 March 2022

On 9 March 2022, the Luxembourg government released a new draft law amending the interest deduction limitation rules of article 168bis of the Luxembourg income tax law.

Filing formalism with the Luxembourg trade and companies register – new features as of 31 March 2022

21 February 2022

As of 31 March 2022, as part of the new registration filing formalism with the Luxembourg trade and companies register (the RCS), a Luxembourg national identification number (LNIN) for the registration of a natural person will need to be recorded.

 

New LTA Circular on real estate levy provides valuable update on reporting obligation

4 February 2022

On 20 January 2022, the Luxembourg tax authorities (LTA) released a new Circular (PRE_IMM n° 1 du 20 janvier 2022) regarding the real estate levy introduced by the Luxembourg law of 19 December 2020.

Update on personal income taxation and social security

18 January 2022

There is an administrative obligation to file, every year, an annual report that lists the individuals benefiting from this regime and confirms that they still meet the conditions.

Draft directive to implement global minimum tax: Variances from OECD model rules

11 January 2022

Further to the publication of the G20/OECD inclusive framework on BEPS’ Global Anti-Base Erosion Model Rules (Pillar Two) (“OECD inclusive framework model rules”) designed to ensure a global minimum level of taxation for multinational groups (by reference to a minimum effective tax rate of 15%), the European Commission (EU Commission) proposed on 22 December 2021 a draft directive to implement the OECD inclusive framework model rules in a coherent and consistent way across EU member states.

EU Commission proposes new own resources for EU budget

10 January 2022

On 22 December 2021, the European Commission (EU Commission) released a Communication on the next generation of own resources for the EU Budget.

EU Commission proposes directive to prevent misuse of shell entities in the EU

7 January 2022

On 22 December 2021, the European Commission released a draft for a new directive laying down rules to prevent the misuse of so-called “shell” entities for tax purposes in the EU and amending Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC), referred to as the “Unshell initiative."

Belgium, France, and Germany COVID-19 cross-border personal tax measures: Further 2022 extensions confirmed

17 December 2021

Since the beginning of the COVID-19 crisis in March 2020, many Luxembourg non-resident cross-border employees have worked from their homes in Belgium, France, or Germany.

Germany, France and Belgium COVID-19 cross-border personal tax measures: further 2021 extensions confirmed

28 September 2021

Since the beginning of the COVID-19 crisis in March 2020, many Luxembourg non-resident cross-border employees have worked from their homes in Belgium, Germany or France.

LTA clarifies timing of first CBCR reporting year in case of demergers/acquisitions

27 August 2021

On 20 August 2021, the Luxembourg tax administration (LTA) clarified the timing of the first reporting year under country-by-country reporting rules (CBCR) in case of demergers/acquisitions and the use of the “NOTIN” code.

Germany, France and Belgium COVID-19 cross-border personal tax measures: further 2021 extensions confirmed

29 June 2021

Since the beginning of the COVID-19 crisis in March 2020, many Luxembourg non-resident cross-border employees have worked from their homes in Belgium, Germany or France.

Tax authorities update guidance on interest expense deduction limitation rules

8 June 2021

The Luxembourg tax authorities updated their guidance on the interest expense deduction limitation rules of article 168bis of the Income Tax Law (ITL) by commenting on the equity escape provision for members of a consolidated group for financial accounting purposes in a circular dated 2 June 2021 (Circular n°168bis/1, in French only).

LTA issues a new Mutual Agreement Procedure circular

17 March 2021

On 11 March 2021, the Luxembourg tax administration (LTA) issued a new circular regarding the implementation terms of the Mutual Agreement Procedure (MAP) under the bilateral tax treaties concluded by Luxembourg, and in line with article 25 of the OECD Model Tax Convention (or analogous tax convention stipulations).

Germany, France and Belgium cross-border personal tax measures during the COVID-19 crisis: further extensions confirmed for 2021

11 March 2021 

Personal income tax - Since the COVID-19 crisis began in March 2020, many Luxembourg non-resident cross-border employees have worked from their homes in Belgium, Germany or France.

Luxembourg tax authorities issue circular regarding the prime participative

16 February 2021

The Luxembourg tax authorities issued guidance regarding the new remuneration model, the prime participative (or profit-sharing bonus) on 11 February 2021 in a circular (circular L.I.R. n°115/12 dated 11 February 2021).

Deductions denied for amounts due to certain related parties as from 1 March 2021

29 January 2021

On 28 January 2021, the Luxembourg legislature adopted rules disallowing tax deductions for interest and royalties due to related entities established in a country or territory included in the EU list of non-cooperative jurisdictions for tax purposes (EU list). These rules will be effective as from 1 March 2021.

Tax authorities release guidance on interest limitation rules

13 January 2021

The Luxembourg tax authorities issued guidance clarifying certain aspects of the interest expense deduction limitation rules in article 168bis of the Income Tax Law.

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