by Arendt & Medernach, Luxembourg
On 5 March the Luxembourg government filed the new finance bill (n.7450) with the Luxembourg parliament.
The most important corporate tax measures concern the reduction of the maximum corporate income tax rate and the introduction of the option provided by the EU anti-tax avoidance directive (ATAD) allowing for the application of the interest limitation rules at the level of fiscal unity.
According to the government, these measures are necessary to ensure Luxembourg’s overall competitiveness in compliance with EU law.
Luxembourg corporate tax rate
Currently, Luxembourg’s corporate income tax is levied at a rate of (i) 15% in case the net profits exceed EUR 25,000 and (ii) 18% in case the net profits exceed EUR 30,000.
In case the net profits that range between EUR 25,000 and EUR 30,000, the applicable rate is EUR 3,750 plus 33% of the net profits exceeding EUR 25,000.
The new finance bill envisages (i) increasing the amount of net profits subject to the minimum rate of 15% from EUR 25,000 to EUR 175,000, (ii) introducing an intermediary rate of EUR 26,250 plus 31% of the net profits exceeding EUR 175,000 in case the net profits range between EUR 175,000 and EUR 200,000 and (iii) lowering the marginal rate from the current 18% to 17% applicable in case the net profits exceed EUR 200,000.
Accordingly, the aggregate rate of corporate income tax, municipal business tax in the city of Luxembourg and the contribution to the unemployment fund would be reduced from the current 26.01% to 24.94%.
New interest limits
Under the so-called interest limitation rules introduced by the ATAD and implemented into Luxembourg domestic tax law, net borrowing costs are, as a rule, only deductible up to the higher of 30% of the taxpayer’s EBITDA or EUR 3 million.
The net borrowing costs correspond to the amount by which the deductible borrowing costs of a taxpayer exceed taxable interest, revenues, and other economically equivalent taxable revenues that the taxpayer receives.
The ATAD provided an option to apply the interest limitation rules on a group level in which case the exceeding borrowing costs and the EBITDA may be calculated at the level of the group.
The finance bill accordingly envisages amending the Luxembourg fiscal unity level to give the taxpayer the option to apply the rules on the fiscal unity or the individual company.
Other tax measures contained in the finance bill are the introduction of the tax credit for the minimum wage (which is increased by EUR 100), the application of reduced VAT rates of 3% to e-books, e-press, as well as certain hygienic products and of 8% to certain phytosanitary products; and an increase in excise duties on petrol.
The finance bill should enter into force on 1 May. The reduction of the corporate rate, however, is applicable to the tax year 2019 and the amendment to the interest limitation rules is applicable from 1 January.
The measures included in the Finance Bill were largely expected since they had already been announced by the government upon the agreement of the coalition plan.
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