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Luxembourg Court Nullifies VAT on Directors’ Fees, Sets Precedent

  • Luxembourg District Court ruled on 22 November 2024 that the VAT tax assessment on TP for 2019 is void
  • TP had not applied VAT on his director fees from Luxembourg public limited companies in 2019
  • The case was escalated to the Court of Justice of the European Union which ruled on 21 December 2023 that such directors are not taxable for VAT purposes
  • Following the CJEU decision, Luxembourg VAT authorities introduced a procedure for retroactive VAT regularization for directors via MyGuichet and extended the regularization period to include 2018
  • Several unresolved issues include the scope of the decision’s application, the specifics of the MyGuichet procedure, and the implications for directors and companies under various scenarios
  • Questions also remain about the potential issuance and timing of a new VAT circular

Source: taxathand.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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