This article provides a comprehensive overview of the investment tax credit in Luxembourg, highlighting the key changes that have been implemented in 2024. It also offers insights into the eligibility criteria and the potential tax rebates.
The investment tax credit Luxembourg — one of the forms of support for local companies that are ready to invest their funds in digital transformation, environmental or energy transition. In the article, we tell you who can apply for the benefit, what requirements are imposed on companies, as well as about the rates and the application process.
The investment tax credit (ITC) is a special tax benefit that allows companies to deduct a certain percentage of investment costs from their tax liabilities. By paying investment tax credit to companies, the state pursues special goals.
In December 2023, the Grand Duchy adopted a bill to reform the ITC. The law entered into force in January 2024.
Companies seeking commercial profit may take advantage of the right to receive investment tax credits. To receive the benefit, a company must meet several conditions. Firstly, the investment should be managed by an institution situated in Luxembourg with the intention of remaining permanently. Secondly, the investment must be used in Luxembourg or one of the countries included in the European Economic Area and meet the criteria of durability.
According to the updated Article 52bis of the Luxembourg Income Tax Law (LITL), from January 2024, companies can receive two types of investment tax credit.
Investments can be made in tangible assets except buildings, livestock and mineral deposits, and software acquired from a non-affiliated person. ITC is calculated at a rate of 12% regardless of the amount of investment.
The new ITC is calculated based on the acquisition price or cost of the relevant investments or expenses incurred during the financial year at a rate of 18%.
Obtaining an investment tax credit is subject to certain requirements. Taxpayers must first assess whether they are entitled to receive the new investment tax credit and document this entitlement.
Which requirements have to be met:
Investment tax credit exists in many European countries. In most of them, it is also aimed at supporting companies that are willing to invest in the development of green energy and digital transformation projects.
Country | ITC Rate | Focus | Eligibility criteria |
Luxembourg | 18% | Digital/Ecological Projects | Companies with permanent presence in Luxembourg |
Germany | 25% | Innovations only | Local investment |
France | 20% | Green industry | Companies registered in France |
Belgium (from January 1, 2025) | 10% - 20,5% | Digital/ Ecological Projects | Belgian companies or permanent establishments of foreign companies in Belgium |
The Netherlands | 27% - 40% (minimum investment amount 2,500 euros) | Energy-efficient/ environmental assets. | The company is registered in the Netherlands, Aruba, Curaçao, St. Maarten or the special Dutch municipalities Bonaire, St. Eustatius or Saba. |
The application process for an investment tax credit depends on its type. If a company is applying for a Global ITC, it is sufficient to submit a special application to the Luxembourg Inland Revenue (ACD) together with the income tax return. The application form is provided by ACD.
If a company wants to receive an investment tax credit for a digital transformation project or an environmental and energy transition, then the income tax return will not be sufficient. It is also necessary to obtain a certificate that confirms the fact of investment and operating expenses during the tax year and their amount.
The procedure requires authentication to make it valid. The application must indicate the start and end dates of the project and describe the planned investment. The maximum review period is 3 months from the date of receipt of the application.
The certificate is usually issued as soon as possible, no later than 9 months after the end of the operating year during which the investments were made.
If your company really wants to invest in digital transformation projects or green energy projects, then Luxembourg is ready to provide attractive working conditions and support the company with benefits and deductions.
Source: taxsummaries.pwc.com, www.arendt.com, guichet.public.lu, guichet.public.lu, guichet.public.lu, www.ey.com, www.bsp.lu, taxsummaries.pwc.com, investmentpolicy.unctad.org, www.ey.com, taxsummaries.pwc.com, business.gov.nl, taxsummaries.pwc.com
We took photos from these sources: Alexander Mils on Unsplash