We would remind you that the personal income tax return for 2023 must be filed by 31 December 2024 at the latest (date of receipt by the tax office, not the date the return is sent).

Who is obliged to file a tax return?

A) In the case of income from which tax has been deducted at source :

o Where Luxembourg taxable income exceeds 100,000 euros.
o When a household (resident or non-resident) has a combination of several
income and the aggregate amount of this taxable income exceeds :
 €36,000 for single and married taxpayers (classes 1 and 2)
 €30,000 for single taxpayers with dependent children (class 1a)
o Where a non-resident household has opted to be treated as a resident in order to regularise the tax rate shown on its withholding tax form(s).
o Where taxable income includes more than €1,500 of income from transferable securities, tantièmes.

B) In the case of income not subject to withholding tax, where a household (resident or non-resident) has other income taxable in Luxembourg in excess of €600 per annum (rent in Luxembourg, various benefits, etc.)

Who can file a tax return?

o Resident taxpayers who wish to deduct deductible expenses such as mortgage interest, special expenses or other extraordinary expenses.
o Non-resident taxpayers who apply for tax assimilation in order to claim deductible expenses in the same way as residents (see above).
o Taxpayers who are partners, civil union partners or legal cohabitants and who wish to be taxed together in order to benefit from collective taxation, in accordance with tax class 2.
o Married taxpayers, not living separately, one of whom is a taxpayer
resident and the other non-resident and who jointly opt for a joint tax return.

Should you require any further information, please do not hesitate to contact us.

When a technical manager of an alcoholic drinks outlet is absent (e.g. due to illness, holiday, etc.) and wishes to keep the establishment open during this period, he must appoint a sub-manager for the purposes of the Customs and Excise Administration. The application for sub-management must be sent to the authorities together with various supporting documents, depending on the status of the sub-manager. The sub-manager may be appointed on a temporary or indefinite basis. Once the sub-management has been approved by the authorities, the technical manager will receive a sub-management certificate, which must be kept at all times at the place of business. The sub-manager will then be
authorised to replace the Technical Manager in his absence. Should you require any further information, please do not hesitate to contact us.

Under article 75 of the law of 19 December 2002, Luxembourg companies are obliged to file their accounts (PCN) on the ECDF platform and their annual accounts with the Registre de Commerce et des Sociétés. This mainly concerns commercial companies (limited liability companies, public limited companies, Luxembourg branches of foreign companies, etc.).

The annual accounts must be filed within one month of their approval and no later than 7 months after the end of the financial year (financial year ending 31/12N -> filing by 31/07/N+1). at the latest).

In the event of late filing, the Registre de Commerce et des Sociétés will apply penalties as follows
following :
- 50 if the deposit is made during the 8th month following the closure;
- 200 if the deposit is made between the 9th and 11th month following the closing date;
- 500 if the deposit is made from the 12th month following the closure;
If annual accounts are not filed, managers and directors may be fined between €500 and €25,000 (article 1500-2 of the amended law of 10 August 1915 on commercial companies).

For all intents and purposes, individuals with a commercial activity and a turnover in excess of €100,000 excluding tax must also file their accounts (PCN) as well as their annual accounts. However, there is currently no penalty for late filing.
In addition, companies risk having their bank accounts closed when banking institutions find that their annual accounts have not been published in the Trade and Companies Register.
Companies.

Please do not hesitate to contact us should you require any further information.

The Director of Taxes had issued his circular L.G. - A No. 63 dated 15 September 2017 regarding "Accounting requirements in tax matters".

With regard to the cash book, it was stated that "all transactions must be recorded without delay, accurately and completely and in date order, either in a single journal book or in a system of specialised journals". Furthermore, "it should be noted that a cash book kept using a spreadsheet (e.g. Excel) is not permitted, as changes can be made at any time".

If the tax authorities discover irregularities in the cash book, resulting in tax reassessments, you run the risk of finding yourself in breach of article 396 of the General Tax Law (Abgabenordung) as well as in breach of article 506-1 of the Criminal Code.

Please do not hesitate to contact us should you require any further information.

Following the new law of 7 August 2023 on non-profit associations and foundations, which came into force on 23 September 2023, please find below some of the features of this new law:

• The minimum number of association members is reduced from 3 to 2;
• The Board of Directors comprises at least 3 directors. Directors may be appointed free of charge;
• There is no longer any obligation to publish the list of members annually with the Registre de Commerce et des Sociétés (Rcs). The lists must be kept internally by the Board of Directors and may be kept in electronic format;
• Possibility of holding general meetings and board meetings by videoconference;
• An Asbl may hold property that is not necessary for the realisation of its objects;
• Asbls are classified as small, medium or large, depending on the number of employees, total annual income and total assets held. Depending on the category, each Asbl must comply with certain accounting requirements;
• The Asbl is also obliged to keep the Rcs up to date in the event of a change in its articles of association or a change in the board of directors, as well as the Rbe in the event of a change in the beneficial owner;

Please do not hesitate to contact us should you require any further information.