Luxembourg reforms corporate tax regime
Internationaltaxreview.com, Dec. 16, 2008. The government of
Luxembourg has enacted on December 16, 2008, a corporate tax reform package
that hopes to create a more favourable tax framework for businesses.The
government of Luxembourg has enacted a corporate tax reform package that
hopes to create a more favourable tax framework for businesses.
The package was passed by parliament on December 16 after months of
deliberation on how best to boost Luxembourg's international tax
competitiveness.
The abolition of the 0.5% capital duty tax on capital contributions to
Luxembourg companies and the exemption from withholding tax on dividends
paid to treaty country corporate shareholders has pleased the country's tax
professionals.
"We are convinced that these measures will be able to inject more
business into Luxembourg and to make it the number one location for
multinationals in the world," said Georges Deitz, country tax leader,
Deloitte in Luxembourg.
"Luxembourg was one of the only countries that had capital tax still
operating and was really running behind in terms of attractiveness, so this
abolition has been a long time coming."
The repeal of the capital duty tax means the general registration duty
regime will govern all transactions previously falling within the scope of
the capital duty tax.
The expansion of the participation exemption of withholding tax will
enhance the attractiveness of Luxembourg as a jurisdiction for the
repatriation of profits.
"In Luxembourg we need to be in line with other countries and start
competing with our rivals," said Marc Schmitz from Ernst & Young.
"Luxembourg had started to be at a disadvantage with other countries and so
these rules will hopefully capture some new investors."
Other measures in the package include an amendment to the IP regime which
sees the inclusion of domain names and net wealth tax exemptions for
qualifying IP.
"Changes to the IP regime is quite an important measure and one more
example of Luxembourg's commitment to improving and reducing the national
effective tax rate," Schmitz added.
There will also be a decrease in the corporate income tax rate by one
percentage point to a new level of 28.59%. Luxembourg's government aims to
further reduce this rate to 25.5% over the next three to four years.
Deitz believes the changes will open up Luxembourg to new markets and
increase the attractiveness of the country.
"Luxembourg has just signed a double tax treaty with
Hong Kong and, twinned with the changes to the withholding tax rules, I
anticipate an increase in trade with China.
"I hope that more of these treaties are signed over the next few years as
companies will be able to finance these investments with equity rather than
debt," Deitz added.
All measures were introduced on December 16 and the abolishment of
capital duty tax will be effective as of January 1 2009.