Luxembourg garden

Henderson Diversified investment trust said that it is considering the transfer of its Luxembourg subsidiary of the United Kingdom, referring to the growing fiscal risks in the Grand Duchy.

In a statement released to the London Stock Exchange on October 7, Henderson said that some recent developments in tax law and practice of Luxembourg increased the legal risks of operating within the jurisdiction, including the transfer pricing.

"The Board of Directors and its advisors continue to review these developments and the recently concluded that the existing structure of the company may include increased complexity and risk," said Henderson.

"Accordingly, the Council examining the possibility of simplifying the tax structure by election and joining the UK investment trust tax regime, including changing its place of registration in the United Kingdom," added the firm.

Such a move is likely to lead to the liquidation of its subsidiary in Luxembourg and the formation of a new company in the UK, which is expected to reduce its annual operating costs.

The company said its investment management arrangements will not be affected by this reorganization. However, he confirmed that it will last only if it is in the best interests of shareholders.

Henderson expects to update shareholders on the issue later this year.

Author: Olena Kutova

senior lawyer of the Finance Business Service company

дело LuxLeaks

Luxembourg public prosecutor lodged an appeal against the verdict on the recent so-called scandal "LuxLeaks", arguing that the sentences imposed by the court was too lenient.

Earlier this year, Antoine Deltour and Raphael Halet, both former employees of PricewaterhouseCoopers (PwC) consulting firm, received suspended sentences by the court 12 and 9 months, respectively, for their role in the disclosure of thousands of documents detailing the private tax ruling between multinational companies and the tax authority of Luxembourg. They also had to pay a fine of 1,500 EUR (1,680 USD) and 1,000 EUR, respectively. A third defendant, a French journalist Edouard Perrin, who made the initial discovery of LuxLeak and the first to publish the story on French television, was acquitted of all charges.

Let us recall that in this scandal for the exemplary data were involved 340 major transnational and national companies from around the world. It is believed that the defendants, with the support of the local authorities thought out and implemented an elaborate scheme of tax evasion, in some cases, reducing the payout to just 1%.

The defendants face various charges during the trial, which began in April 2016, including theft, and violation of privacy and data protection laws. They may face up to ten years in prison.

Nevertheless, the prosecutor's office, reportedly began the trial in order to increase the severity of punishment. Appeal hearing is expected to take place in late 2016 or in the beginning of 2017.

The shadow of the scandal on the disclosure of fraud LuxLeak currently felt throughout the European Union, as the European Commission examines the national private tax practice in all member states.

Author: Sergey Panov

managing partner Finance Business Service

Luxembourg's finance minister Pierre Gramegna confirmed that the government will gradually cut the corporate tax rate but the proposed changes to the restrictions on loss carry rules. Gramegna said that corporate tax will be reduced from the current rate of 21 percent to 19 percent in 2017 and further decline to 18 percent by 2018.

Taxes in Luxembourg

Luxembourg's finance minister Pierre Gramegna confirmed that the government will gradually cut the corporate tax rate but the proposed changes to the restrictions on loss carry rules.

Gramegna said that corporate tax will be reduced from the current rate of 21 percent to 19 percent in 2017 and further decline to 18 percent by 2018.

In addition, the corporate tax rate for annual income of small businesses which do not exceed $ 28,000, will be reduced to 15 percent.

Also Gramegna announced the adjustment of the proposed restrictions on transfer in front of past losses of the company. Initial proposals would allow loss carry forward for 10 years and used to compensate for a maximum of 80 percent of the profits. However, Gramegna informed Parliament that the losses will be "more strictly controlled" in 2017. And under the current rules the losses can be carried forward indefinitely and used to offset 100 percent of the profits.

Luxembourg tax credit for investments will be improved. Under current rules, there is a 12 percent tax credit for investments depreciable tangible assets. Under the new proposals, the tax credit will increase to 13 percent.

The Minister of Finance said that the working groups were created to study a range of issues affecting the competitiveness of start-ups and small and medium-sized enterprises in Luxembourg.

Also Gramegna said: "The government will closely monitor international developments and will consider the adjustments that will be needed for the business."

Author: Olena Kutova

senior lawyer of the Finance Business Service company

Tax in Luxembourg

The Luxembourg government has announced a package of tax measures that will be introduced next year including the reduction of the corporate tax and changes to the personal income tax. The government plans a gradual corporate tax rate reduction by three percent. Starting with the two percent cut to 19 percent by January 1, 2017. And since January 2018, the rate will drop to 18 percent.

In addition, a lower rate of 15 percent will be available for the "young, innovative companies ", annual taxable income that does not exceed EUR 25,000 per year.

Nevertheless, the company's ability to carry losses forward to offset against future income will be limited in 2017. Existing law allows unlimited number of losses of previous years. Starting next year, the accumulated losses can be carried forward only for 10 years and use to compensate for a maximum of 80 percent of profits.

The government also intends to revocation of provisional 0.5% percent crisis tax in 2017 and make income tax system more "fair" by reducing tax rates. However, the tax on high incomes which exceed EUR 150000 would be 41% and revenues more than EUR 200,000 - 42 percent.

Author: Sergey Panov

managing partner Finance Business Service