Circular 807bis – Provision of cars to employees – Rental for consideration – Place of taxation

The purpose of this circular is to provide some clarification on the application of circular no. 807 of February 11, 2021.

According to this circular, the provision of a company car to an employee is to be considered as made for consideration as soon as it is is the subject of
1) a payment made by the employee to the employer or
2) the employer withholds a portion of the employee’s cash remuneration, or employee’s cash compensation, or
3) an election by the employee between different benefits offered by the employer pursuant to an agreement between the parties that the right to use the company vehicle would involve the forfeiture of other benefits.

Source pfi.public.lu

See also ECJ C-288/19 (QM) – Judgment – Definition of short term hiring of vehicles, company car provided to an employee is not a service provided for consideration