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Luxembourg comes under the EU VAT regime, and is part of the European Union single market economy. VAT Directives are issued by the EU which lay out the principles of the VAT regime to be adopted by the member states. These Directives take precedent over the local legislation.
Click here for free guidance on Luxembourg VAT registration and returns.
Luxembourg VAT Law
In Luxembourg, VAT law is contained within the General Tax Code. It is administered by the Administration de l'Enregistrement et des Domaines.
luxembourg VAT Registration
Foreign companies may register in the Luxembourg for VAT without the need to form a local company – known as non-resident VAT trading. There is no threshold in Luxembourg for the registration of non-resident traders – a VAT number must be in place before the commencement of taxable supplies.
There are strict rules on the situations where a registration is permitted. Common scenarios which require a VAT registration in Luxembourg include:
- Importing goods into Luxembourg;
- Organising live events, conferences etc in Luxembourg;
- Holding goods in a warehouse in Luxembourg as stock for resale longer than 3 months;
- 'Supply and install' services over 12 months;
- Selling goods from Luxembourg to other EU countries; and
- Distance selling to private individuals in Luxembourg, e.g. internet retailing
Registering for VAT in Luxembourg generally takes 3-4 weeks, although this can vary.
luxembourg VAT Compliance
There are detailed rules controlling the recording and processing of transactions in Luxembourg. These include guidelines on:
- Luxembourg invoice requirements;
- Use of the 'Reverse Charge' procedure;
- Foreign currency reporting and translation;
- Correcting errors from prior returns;
- Credit notes and corrections; and
- What accounting records must be maintained.
luxembourg VAT Rates
The standard VAT rate in Luxembourg is 15%. There is a reduced rate of 12% for: management services; and other. There is also a reduced rate of 6% for commodities and horticultural plants, and a super-reduced rate of 3% for: foodstuffs; medical treatment; books and newspapers; and other.
There are many variations to the rates above, including exempt taxable supplies. Please contact us to learn more: enquiries@tmf-vat.com
luxembourg VAT Returns
Companies with a VAT number in Luxembourg must submit periodic returns detailing all taxable supplies (sales) and inputs (costs). Generally, VAT returns submitted by non-resident traders in Luxembourg are submitted quarterly and are due 14 days following the reporting period.
luxembourg Intrastat and EC Sales Lists
In addition to VAT returns in Luxembourg, companies may be required to submit additional statistical information.
Luxembourg Intrastat, submitted to Statec, lists sales (dispatches) and purchases (acquisitions) within the EU region, and must be filed monthly once the annual threshold is exceeded. The threshold for 2010 is €150,000 for both acquisitions and dispatches.
The EC Sales Lists in Luxembourg, or recapitulative statement, details customers and the values of sales made to them. It should be submitted on a quarterly basis, and there is no threshold for reporting.
luxembourg VAT Refunds
If a foreign company is providing taxable supplies in Luxembourg, but unable to obtain a Luxembourg VAT number, or simply incurring Luxembourg VAT on local goods or services, then VAT may be recovered through a VAT reclaim.
From the 1st of January 2010, all EU-based businesses must submit VAT refund applications through the Tax Authorities of the applicant’s home country.
For more details, click here to read about our VAT Recovery service.
To talk about our Luxembourg VAT services, enquiries should contact TMF’s UK office, which co-ordinates TMF's European VAT services. TMF has offices in Luxembourg.
Click here for free guidance on Luxembourg VAT registration and returns.
enquiries@tmf-vat.com
Tel: +44 (0)870 067 8881
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