On 10 October 2019, a new protocol was signed amending the method of avoiding double taxation between France and Luxembourg. Based on early media reports, France was returning to the “exemption with progression” method.
However,after reviewing the protocol’s official text published on Thursday 16 October 2019, the tax credit method can still be applied to avoid double taxation. According to the new protocol, the method used to prevent double taxation of French tax residents working in Luxembourg is "tax credit equal to French tax". On this basis, Luxembourg taxable income earned by a French tax resident is taken into consideration to determine French tax liability.
To eliminate double taxation, the protocol adopts two different methods:
From a tax viewpoint, the impact of the “tax credit equal to the French tax” method is similar to the impact of the exemption with progression method.
It was also confirmed that to benefit from a French tax credit, the salaried income should actually be subject to Luxembourg tax. This will re-open the discussion in Luxembourg about what supporting evidence the French tax authorities will accept.
We are ready to discuss the impact of this tax credit method with you and to answer any of your questions at your best convenience.
For queries please contact:
Xavier Martinez | Partner
Phone: +352 22 51 51 5345
Marisa Hosnar | Senior Manager
Phone: +352 22 51 51 5425
Marie Vintrou | Manager
Phone: +352 22 51 51 5449
Any tax advice in this communication is not intended or written by KPMG to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing, or recommending to another party any matters addressed herein.The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity.
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