Belgian natural persons and legal entities performing any type of
taxable activities in
Luxembourg are
liable to taxation in accordance with the provisions of the
double tax treaty (DTT) signed by the representatives of
Belgium and Luxembourg. Persons who have
set up a company in Luxembourg are taxed in this country in accordance with the stipulations of the
treaty, on which
our team of company formation agents can provide an in-depth presentation.
Taxes under the Luxembourg – Belgium double tax treaty
The taxes which are the subject of the Luxembourg- Belgium double tax agreement are stipulated under the Article 2.
According to Article 2.3.(1), Belgium will impose the following taxes:
• individual income tax;
• company tax;
• income tax on legal entities;
• income tax on non-residents.
Belgian businessmen who are interested in
company formation in Luxembourg should know that their
company will be liable to a
set of taxes prescribed under the Article 2.3.(2), which also take into consideration the
taxation of natural persons.
• individual income tax;
• company tax;
• the special tax on director’s fees;
• capital tax;
• municipal trade tax;
• municipal payroll tax;
• land tax.
At the same time, investors can receive advice on the
employment legislation applicable here and the level of
taxation available for the
employees of a company.
Employment regulations under the Luxembourg – Belgium DTT
It is important to know that Luxembourg and Belgium signed an amicable agreement in March 2015 referring to the employment taxation specified under the double taxation treaty.
The treaty stipulates that the taxation regarding employees is concluded in the country where the employment activity is taking place. However, it is necessary to know that the taxation can be decided in accordance with the regulations of the state in which the employee is a tax resident, but the rule is applicable only in certain conditions. For example, it can be imposed if a Belgian employee is working in Luxembourg for less than 183 days in a period of one year.