On 27 December 2016 the Luxembourg Tax Authorities (Administration des contributions directes) issued Circular Letter L.I.R. – N° 56/1 – 56bis/1 (the “New Circular Letter”) on the tax treatment of companies engaged in intra-group financing transactions.
The New Circular Letter replaces the previous circular letters LIR N° 164/2 and 164/2bis dated 28 January and 8 April 2011 in order to render the Luxembourg transfer pricing rules compliant with the revised Chapter I Section D of the OECD Transfer Pricing Guidelines.
- replacement of the lump sum determination of the equity at risk of 1% capped at EUR 2 million on a case-by-case analysis;
- enhancement of the content of the transfer pricing reports;
- amendments to the minimum substance requirements;
- simplification measure for intra-group financing companies acting as intermediaries; and
- amendments to the list of information to be provided for advance pricing arrangements.
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Compliments of Arendt & Medernach – a member of the EACCNY