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- 07 March 2013. Draft law
6552 implementing new tax treaty with Taïwan submitted to the
Luxembourg Parliament.
- 07 March 2013. The Finance Ministers of
Luxembourg and the Czech Republic signed on Tuesday 05 March an
agreement on preventing double taxation which replaces the
agreement of 1991. This new treaty will include
the international standard of exchange of information upon
request.
- 04 March 2013. Luxembourg
Government Amendment includes the tax treaties signed with
Kazakhstan, Laos (Lao People's Democratic Republic) and Sri
Lanka to the draft law 6501.
- 28 February 2013. In its 2012 Annual Report
issued on 25 February, the Luxembourg Direct Tax Authorities
reported that they have negotiated new tax treaties with Botswana,
Brunei, Chili, Czech Republic, Guernsey, Jersey and Isle of Man and
protocol with Estonia. It is also reported that 592 exchange of
information upon request, spontaneous information exchange and
automatic exchange of information have been handled by the
Luxembourg Direct Tax Authorities in 2012.
- Week 04-08 February 2013. The Luxembourg
President of Parliament had informed Russian deputies that
Luxembourg is close to the final vote of the protocol (signed on 21
November 2011).
- 25 January 2013. The Luxembourg Government
adopted the draft law implementing the new tax treaty with Taiwan
(signed on 19 December 2011). This draft law has not yet been
submitted to the Parliament.
- 21 November 2012. Draft law 6501 submitted to
the Luxembourg Parliament. This draft law implements new tax
treaties with Germany, Macedonia, Seychelles and Tajikistan and
protocols to existing tax treaties with Canada, Kazakhstan, South
Korea, Italy, Malta, Poland, Romania, Russia and Switzerland. The
international standard of exchange of information upon request is
integrated to all of these.
Update - List of double tax treaties in force and in
negotiation as of 07 March 2013.
Situated at the crossroad of Europe, the Grand-Duchy of
Luxembourg is based on a dynamic and open economy which actively
promotes the development of cross border trade and investments. Its
major role in matter of international trade in the sectors of
banking and finance, investment funds and holding companies has for
a consequence that a strong network of double tax treaties has been
developed over the years. To that end, Luxembourg has entered into
64 comprehensive double tax treaties based on the OECD model tax
convention on income and capital in order to mitigate the risks of
double taxation for businesses.
The Grand Duchy treaty partners are amongst the most
industrialised countries with inter alia all of the states in the
European Union but Cyprus, the United States, Japan, Brazil, China,
Mexico, Hong Kong and Russia, Canada. Luxembourg tax treaties as
most bilateral agreements are designed and balanced to address a
specific economic context. Given their very nature, tax treaties
are constantly negotiated and updated to the latest international
standards.
Another perspective to the steady expansion of Luxembourg tax
treaties must be added. Luxembourg endorsed on 13 March 2009 the
international standard of exchange of information upon request
embodied in article 26-5 of the OECD model tax convention. As a
result, 23 treaties containing the said standard were concluded, 9
protocols and 3 new treaties are actually pending (draft law 6501
deposited on 21 November 2012 for examination and adoption by the
Parliament).
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A discussion on the Court of Justice of the European Union ruling, that article 50 of Directive 2002/83/EC concerning life assurance is to be interpreted as meaning that a Member State's right to subject to an indirect insurance tax on life insurance premiums paid by the individual policyholder residing in this Member State overrides the Member State's taxing rights where the contract was concluded.
On February 21st 2013, the ECJ ruled that the domestic law which precludes the use of tax carried forward losses of a merged company by the surviving merging company in the case of a cross-border merger.
Draft law 6470 filed with the Luxembourg parliament on August 24th 2012 implements some of the provisions of Council Directive 2008/8/EU with respect to the place of supply of services.
It will come as pleasant news to those Italians burdened by economic woes that authorities like Equitalia and Serit are not entirely exempt from mistakes when issuing tax demands.
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