Transfer pricing is the topic on the lips of practitioners in Luxembourg this year, as a perceived boom in this type of work is met by adjustments in the market from both firms and the authorities."TP work has been strong. Luxembourg had been slow to ...
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Transfer pricing is the topic on the lips of practitioners in Luxembourg this year, as a perceived boom in this type of work is met by adjustments in the market from both firms and the authorities.
"TP work has been strong. Luxembourg had been slow to embrace TP and the authorities still seek international guidance on it," commented one advisor. To this end, the authorities published a set of guidelines to introduce more clarity.
"The TP circular put around in 2011 was very important. The tax authorities are strongly committed to developing TP expertise and ensuring full compliance, to a point you might not have expected from such a small country," commented Lionel Noguera, tax partner at Bonn & Schmitt, while another peer commented: "TP is certainly a developing topic in the country. The circular on TP requirements on back-to-back and intra-group funding means you have to submit a TP report to the authorities. I think that a commission will be put in place for TP especially."
Unlike certain other European jurisdictions, Luxembourg's authorities still seek open dialogue and compromise and not conflict.
"The tax authorities here are actually ok. We have a board that meets with them to discuss general tax policies. They really want to rely on tax advisers and how they should behave towards the EU so they can cooperate and get harmony. The size of the country dictates that this can work," explained one partner. "The authorities here will tend to call you in and tell you what to do, which avoids problems further down the line."
The market reports a lot of restructuring and debt restructuring work, though there are other things on the horizon, too.
"The authorities are looking to put in place inducements for alternative investment managers. One is a Luxembourg Limited Partnership, which is almost an exact copy of the Anglo-Saxon limited partnership. There will also be a special tax regime for these funds. This will look to be implemented by the end of the year, with drafts done by the end of July," commented one corporate tax adviser.
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