ARTICLE
4 January 2018

Tax Treaties News - November 2017

EH
ELVINGER HOSS PRUSSEN, société anonyme

Contributor

Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
On 18 April 2017, the amending protocol signed by Luxembourg and Ukraine on 30 September 2016 on the Ukraine-Luxembourg double tax treaty entered into force.
Worldwide Tax

Ukraine

On 18 April 2017, the amending protocol signed by Luxembourg and Ukraine on 30 September 2016 on the Ukraine-Luxembourg double tax treaty entered into force. The treaty and the amending protocol will generally apply as of 1 January 2018.

The following withholding tax rates will apply under the amended treaty:

  • Dividends: the treaty provides for a standard withholding tax rate of 15% which can be reduced to 5% if the receiving company owns directly at least 20% of the share capital of the company paying the dividends.
  • Interest: the treaty provides for a standard withholding tax rate of 10% which can be reduced to 5% for interest paid in connection with the sale on credit of industrial, commercial or scientific equipment or interest on bank loans.
  • Royalties: the treaty provides for a standard withholding tax rate of 10% which can be reduced to 5% on royalties for copyrights on scientific work, patents, trademarks, secret formulas or process information concerning industrial, commercial or scientific experience.

Luxembourg applies the credit and exemption methods for the avoidance of double taxation.

Uzbekistan

On 18 September 2017, Luxembourg and Uzbekistan signed an amending protocol to the Uzbekistan-Luxembourg double tax treaty. The new provision are not yet in force and further details will be provided once an official copy of the text is available. 

Negotiations

Based on recent public information, Luxembourg has started negotiations to sign a double tax treaty on income and capital with Colombia.

Luxembourg and Sri Lanka have expressed their intention to negotiate an update to the existing double tax treaty on income and capital of 31 January 1983.

Luxembourg and Albania have also expressed their intention to negotiate an update to the existing (but not yet in force) double tax treaty on income and capital of 14 January 2009.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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