Vat free zone


Published on

Published in: Economy & Finance, Business
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Vat free zone

  1. 1. VAT FREE ZONE IN LUXEMBOURG Erwan LOQUET Tax Partner BDO Luxembourg 20th October2011
  2. 2. 2
  3. 3. LUXEMBOURG - "FREE ZONE REGIME" Legal provision On 28th July 2011, Luxembourg Parliament amended the existing VAT legislation (Law of 12th February 1979 - LVL) to introduce a suspensive regime for specific supplies of goods. Under this new regime, the supplies are exempted ("zero rate"), until the goods covered by this new legislation are released for consumption, either on the Luxembourg territory, or are further delivered in the context of an intracommunity delivery or an export. No specific corporate tax or social security regime in the Free Zone : standard taxation / application of double tax treaties 3
  4. 4. LUXEMBOURG - "FREE ZONE REGIME" Legal provision transactions covered The regime might apply to the following transactions (new article 56sexies LVL / partial implementation of article 156 of the Directive 2006/112): a) the supply and intracommunity acquisition of goods which are intended to be presented to customs and, where applicable, placed in temporary storage; b) the supply and intracommunity acquisition of goods which are intended to be placed in a free zone or in a free warehouse; c) the supply and intracommunity acquisition of goods which are intended to be placed under customs warehousing arrangements or inward processing arrangements; d) the supply and intracommunity acquisition and imports of goods which are intended to be placed under VAT warehousing arrangements; e) the supply of services related to the above-listed supplies of goods; f) the supply of goods and the supply of services taking place in the areas listed under a) to d), when the applicable regimes are maintained. 4
  5. 5. LUXEMBOURG - "FREE ZONE REGIME" Legal provision the mechanism Suspensive regime only a temporary relief on the VAT (as well as customs and excise duties in some cases) due on the above-mentionned transactions. VAT and any other applicable taxes (such as excise duties on alcohol) are levied in the normal way at the time the goods are released for consumption and are due by the economic operator responsible for this release The special VAT regimes shall be implemented and managed by pre-authorised operators (responsible towards the VAT and customs authorities for the correct application of the regime and the follow-up on the goods being traded within the warehouse or the free zone). Such operators can also act as tax representative of their customers, when the latter are neither established nor registered for VAT in Luxembourg. 5
  6. 6. LUXEMBOURG - "FREE ZONE REGIME" Legal provision the mechanism A specific VAT identification number will be allocated to the authorised operator(s) to declare the intracommunity acquisitions / the importation and the supplies taking place under the regime, on behalf of their customers. The new legislation entered into effect on 1st October 2011. On 15th September, the tax authorities also published an administrative circular that provides for some further details on the mechanism, the background of this legislation and its interest for the economic operators (facilitate chain transactions /reduce cash flow effects / encourage certain logistics flows) as well as for the tax authorities (reduce the risk of carousel frauds on chain transactions). 6
  7. 7. LUXEMBOURG - FREE ZONE REGIME Some concrete cases 7
  8. 8. « Freeport Luxembourg » Freeport Luxembourg (<Findel Airport) VAT customs and excise duties free area 8 Logistic company Logistic company Logistic company Customers (HNWI / investment funds, Service suppliers (valuation /expertise /repair / packaging
  9. 9. « Customs warehouse» Logistic company Placement under VAT & customs suspensive arrangements 9 Release for further dispatch (intra-EC deliveries /exports ) or local supplies
  10. 10. An example of an investment fund (wines / art) Investors (institutionals / private individuals SICAV (Luxembourg regulated vehicule / open ended fund) Special Purpose Vehicule (trade / ownership of stock) Insurance Transport Valuation Marketing Warehousing 10 Stock of wines generally maintained in Geneva free port, once purchased from Bordeaux and Burgundy producers (excise duties Stock value and trade in exemption
  11. 11. Conclusion Luxembourg free zone A regime that fits with recent economic developments (Logistics / Art & Finance / Wine Funds / Passion investments A regime adapted to the economic operators and the specifities of a determined market (tax representation / highly secured infrastructures ) A tax regime in line with EU framework and VAT directives (based on artice 156 of the VAT directive), under supervision of the customs authorities. 11