Market Taxation Guide - Luxembourg

22.08.2022

This Market Taxation Guide (Luxembourg) provides the following details:

  • Reference information about all taxes applied at source, through LuxCSD and its local depositories, to securities deposited in LuxCSD; and
  • Instructions for obtaining relief at source or a refund of withholding tax, where these are available, through LuxCSD.

New and improved tax information and procedures that become available will be included on an ongoing basis.

Important note:

This Market Taxation Guide (including any attachments and other links) is for informational purposes only and is not intended and should not be considered to be legal advice on any subject matter. Readers of this Market Taxation Guide, whether customers or otherwise, should not act or refrain from acting on the basis of any information included in this Market Taxation Guide without seeking appropriate legal or other professional advice.

Withholding tax

No withholding tax is deducted from interest on Luxembourg debt securities held in LuxCSD.

EquitiesHolding restriction?Withholding tax rateRelief at
source
Quick
refund
Standard
refund

No

15%

Residents of Double Taxation Treaty (DTT) countries

No

No

Yes

Residents of Luxembourg cannot reclaim withholding tax through LuxCSD.

Debt securities

No withholding tax is deducted by LuxCSD on interest from Luxembourg debt securities.

Debt securities eligible in the Luxembourg market are as follows:

  • Domestic bonds denominated in EUR;
  • Foreign bonds, including private placements.

According to the EU Savings Tax Directive, tax may be withheld at source by paying agents on interest payments made to beneficial owners that are individuals resident in an EU country. LuxCSD has no obligation to withhold tax at source as all its customers are legal entities. However, as LuxCSD’s customers may have underlying clients that are individuals resident in an EU country, they may be considered to be the relevant paying agent under the Directive and, consequently, obliged to withhold tax at source.
Furthermore, a 10% tax may be withheld at source by paying agents on interest payments made to beneficial owners that are individuals resident in Luxembourg. Legal entities do not fall under the scope of the Luxembourg domestic law. LuxCSD has no obligation to withhold tax at source as all its customers are legal entities. However, as LuxCSD’s customers may have underlying clients that are individuals resident in Luxembourg, they may be considered to be the relevant paying agent.
Please consult your tax advisor for further information.

Equities

The standard rate of withholding tax on dividends is 15%.

Equities and equity products are eligible in the Luxembourg market.

Relief at source is not available through LuxCSD.
In the majority of cases, the rate of withholding tax on dividend payments available to beneficial owners in accordance with a Double Taxation Treaty (DTT) between their country of residence and Luxembourg is equal to or greater than 15%.
No action is required from beneficial owners that previously enjoyed a 15% DTT rate.
A reclaim of withholding tax is available if the beneficial owner qualifies for the benefit of a reduced rate of withholding tax lower than 15% in accordance with the DTT between his country of residence and Luxembourg.
The customer can reclaim withholding tax on behalf of the beneficial owner through LuxCSD by submitting the appropriate documentation.

Capital gains tax

There is no capital gains tax withheld through LuxCSD on securities held in LuxCSD. Capital gains tax may however be payable on specific gains. LuxCSD does not assist in this regard. Please consult your tax advisor for further information.

Stamp Duty

There is no stamp duty withheld through LuxCSD on securities held in LuxCSD. Stamp duty may however be payable on specific transactions. LuxCSD does not assist in this regard. Please consult your tax advisor for further information.