Taxation of an Investment Fund in Luxembourg (2024)

Taxation of an Investment Fund in Luxembourg (1)Luxembourg is known for having one of the most prolific financial industries in the world. Among the subsectors of the financial industry, the investment funds branch is by far the most important. The Luxembourg Financial Regulator has created one of the vastest legislations in the world when it comes to regulating investment funds, which is one of the main attraction points of those interested in setting up such structures here.

An important aspect related to the creation of Luxembourg investment funds is their taxation which must follow specific regulations. Below, our lawyers in Luxembourg provide useful information on the legislation related to the taxation of investment funds in the Grand Duchy. Foreign entrepreneurs can also rely on us if they want to start a business in another industry in Luxembourg.

What are the taxes to be paid by Luxembourg investment funds?

It should be noted that the taxation of investment funds in Luxembourg does not follow the same trajectory of companies registered here. Even if some of them are registered by using business forms available for companies employed in other industries, such as manufacturing or information technology, funds are treated separately, and thus benefit from a special tax treatment.

The main taxes which need to be paid by investment funds in Luxembourg are:

  • - the registration fee which is the first tax to be considered with establishing a fund in Luxembourg;
  • - the subscription tax which is what makes Luxembourg an appealing investment fund destination;
  • - the value added tax (VAT) which is applied under specific circ*mstances on investment funds;
  • - the corporate tax, the municipal tax and the wealth tax which are imposed on investment management companies.

It should be noted that the taxation of investment funds occurs based on the type of fund registered in Luxembourg.

Our law firm in Luxembourg can assist with the registration of various types of investment funds, but also of investment management companies.

Taxation of Alternative Investment Funds (AIFs) in Luxembourg

Alternative Investment Funds or AIFs are some of the most common types of funds in Luxembourg because they can also be registered in other EU countries or can operate across the EU without any other authorization.

The taxation of AIF in Luxembourg implies the payment of the registration tax which amounts to 75 euros at the moment. Then, the AIDF is subject to the subscription tax which is paid on annual basis.

The subscription tax is levied at a rate of 0.05% on the net assets held by the fund. A reduced rate of 0.01% is also available if the fundinvests in specific assets.

One of the main tax benefits of the AIF in Luxembourg is the exemption from the income, wealth and withholding capital gains taxes.

Taxation of SIFs and RAIFs in Luxembourg

Other common investment funds are the Special Investment Fund (SIF) and the Reserved Alternative Fund (RAIF) which are subject to the same registration tax with the Luxembourg Financial Regulator.

Compared to the AIF, the SIF and the RAIF are subject to a 0.01% subscription tax and benefit from exemptions on investments made in certain assets. The same tax exemptions are available when it comes the income and wealth net tax in Luxembourg.

Payment of the VAT for investment funds in Luxembourg

One of the taxes which need to be considered when setting up an investment fund in Luxembourg is the value added tax. According to the law, all investment funds in Luxembourg are subject to the VAT, with a few exceptions which target:

  • - offering investment advisory services;
  • - offering portfolio management services;
  • - offering administrative services.

With the help of our Luxembourg lawyers, foreign investors can set up various types of investment funds in order to qualify for the benefits offered by the legislation in this country.

Taxation of investment management companies in Luxembourg

The creation of an investment fund in Luxembourg implies appointing an investment management company which will be in charge of administering the assets of the respective fund. Under the tax legislation in Luxembourg, these companies will be subject to the corporate tax, the net wealth tax and the withholding taxes applicable in this country.

An important benefit related to the taxation of investment funds in the Grand Duchy is that these can fall under the regulations of Luxembourg’s double taxation agreements.

For full information on how investment funds are taxed in the Grand Duchy, we invite you to contact our law firm in Luxembourg. We remind you that you can also rely on us for other services, such as business registration in Luxembourg.

Taxation of an Investment Fund in Luxembourg (2024)

FAQs

How are investment funds taxed in Luxembourg? ›

Tax framework

Luxembourg investment funds (UCITS and non-UCITS) are not subject to income / capital gains taxes in Luxembourg. Withholding tax levied at source on income received by a Luxembourg UCI is technically non-refundable.

How are capital gains taxed in Luxembourg? ›

The income earned is called a “capital gain on the sale” and is taxed at a maximum of 21% (half of the global rate). Following the sale of a property, any income you have received from capital gains can benefit from a ten-year reduction of up to 50,000 euros (or 100,000 euros for jointly taxed spouses or partners).

How are investment funds taxed? ›

If you receive a distribution from a fund that results from the sale of a security the fund held for only six months, that distribution is taxed at your ordinary-income tax rate. If the fund held the security for several years, however, then those funds are subject to the capital gains tax instead.

What is the tax on a Sicav in Luxembourg? ›

Luxembourg SICAV-SIF SCA

Subject to an annual subscription tax of 0.01% of its NAV.

What are the tax rules in Luxembourg? ›

The country's tax year runs from 1 January to 31 December. Expats must pay income tax on their earnings, whether they work for a company or are self-employed. Tax rates range from 0% to 42%. Workers are given a tax class based on their marital and residency status.

What is the tax system in Luxembourg? ›

Luxembourg has a progressive income tax system.

Income tax rates range from 0 to 42%. The highest bracket of 42% applies to income in excess of 200,004 euros a year. The Fonds pour l'Emploi rate increase raises the overall effective rate to a maximum of 45.75%, for incomes of €200,005 or more.

Is Luxembourg exempt from capital gains tax? ›

Luxembourg's participation exemption regime provides for an exemption from income, withholding and net wealth tax for qualifying investments held by qualifying entities. The exemption from income tax is extensive, covering dividends, capital gains and liquidation proceeds.

Is interest income taxable in Luxembourg? ›

Under Luxembourg accounting and tax principles, interest income is recognised on an accrual basis and is fully subject to CIT and municipal business tax.

Are dividends taxed in Luxembourg? ›

Dividends paid out by Luxembourg or foreign companies and received by a resident taxpayer must be reported on the latter's tax return and are subject to ordinary progressive tax rates (ranging from 0 % to 42.80 % or 43.60 %). Dividend income is also subject to a 1.4 % long-term care insurance contribution.

Do you pay capital gains on investment funds? ›

On the flip side, capital gains are considered to be short-term or long-term based on how long the fund held the securities being sold. So even if you recently bought into the fund, you'll pay the preferential long-term capital gains rate (as long as the fund held the securities for more than a year).

How much of investment income is taxable? ›

Taxable income: Long-term capital gains and qualified dividends are generally taxed at special capital gains tax rates of 0%, 15%, and 20% depending on your taxable income.

How do you calculate tax on investments? ›

How to Calculate Long-Term Capital Gains Tax
  1. Determine your basis. The basis is generally the purchase price plus any commissions or fees you paid. ...
  2. Determine your realized amount. ...
  3. Subtract the basis (what you paid) from the realized amount (what you sold it for) to determine the difference. ...
  4. Determine your tax.

Is Luxembourg a tax haven? ›

According to modern studies, the § Top 10 tax havens include corporate-focused havens like the Netherlands, Singapore, Ireland, and the U.K., while Luxembourg, Hong Kong, the Cayman Islands, Bermuda, the British Virgin Islands, and Switzerland feature as both major traditional tax havens and major corporate tax havens.

What is the corporate tax rate for funds in Luxembourg? ›

Tax rate. Corporate income tax for resident and non-resident companies has been set at the following rate in 2019: 15 % where the taxable income does not exceed EUR 175,000; 17 % where the taxable income exceeds EUR 200,000.

How much is tax free in Luxembourg? ›

Luxembourg taxation rates range from 0% to 42%, depending on how much you earn. Essentially, your salary after tax will be shaped by how much you earn, as you will be taxed accordingly. The first €11,265 of any earnings received will be tax-free. Anything more than €200,004 will be taxed at 42%.

Why are investment funds based in Luxembourg? ›

Also, many sovereign wealth and large pension funds have established investment platforms, holding companies, and feeder funds in Luxembourg because of the regulatory controls, tax and legal frameworks, and ability of doing business there.

Are funds regulated in Luxembourg? ›

Fund administration is a regulated activity in Luxembourg and either performed by an authorised Luxembourg management company (ManCo) or an alternative investment fund manager (AIFM), or delegated to an administrative agent authorised by the CSSF under the Law of 5 April 1993 on the financial sector (Financial Sector ...

Does Luxembourg have a wealth tax? ›

In summary, Luxembourg resident companies are in principle subject to net wealth tax levied annually at a rate of 0.5% on their net asset value, with any portion of such wealth exceeding EUR 500,000,000 being subject to a rate of 0.05%. The law also provides for minimum net wealth tax rules derogating to the principle.

Top Articles
Latest Posts
Article information

Author: Annamae Dooley

Last Updated:

Views: 6472

Rating: 4.4 / 5 (45 voted)

Reviews: 92% of readers found this page helpful

Author information

Name: Annamae Dooley

Birthday: 2001-07-26

Address: 9687 Tambra Meadow, Bradleyhaven, TN 53219

Phone: +9316045904039

Job: Future Coordinator

Hobby: Archery, Couponing, Poi, Kite flying, Knitting, Rappelling, Baseball

Introduction: My name is Annamae Dooley, I am a witty, quaint, lovely, clever, rich, sparkling, powerful person who loves writing and wants to share my knowledge and understanding with you.