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LUXEMBOURG PARLIAMENT ENACTS CHANGES TO PILLAR TWO LAW

Authors

 * Bart Van Droogenbroek
   
   EY Luxembourg Partner, Tax Leader

 * Christian Schlesser
   
   EY Luxembourg Partner, International Tax and Transactions Services Leader

3 minute read 19 Dec 2024
Related topics
Tax
 * Facebook
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 * Link Copied

Show resources
 * On 19 December 2024, the Luxembourg Parliament approved a legislative
   proposal1 that will amend the law dated 22 December 2023 (Pillar Two Law). 
 * While there are still some formal legal steps that need to be taken before
   the proposals become law, these steps are expected to occur before year-end.

Read More Read Less

--------------------------------------------------------------------------------

DISCUSSION

On 19 December 2024, the Luxembourg Parliament adopted legislation amending the
Pillar Two Law. The new legislation aims to incorporate, with effect for
financial years starting from 31 December 2023, clarifications and additional
provisions of the Organisation for Economic Co-operation and Development (OECD)
Guidance issued in February 2023, July 2023, December 2023 and June 2024,
without going beyond the guidance.

Among other things, the new legislation extends the scope of Excluded Entities,
adapts certain provisions related to the Qualified Domestic Top-up Tax (QDMTT)
and clarifies the application of the Transitional Country-by-Country Reporting
(CbCR) safe harbor. Additionally, it outlines Luxembourg’s choice on the Pillar
Two treatment of securitization entities. Furthermore, the legislation
implements guidance on the allocation of profits and taxes involving
Flow-through Entities and provides a framework for a more detailed
implementation (through decrees that still need to be issued) of the OECD
Guidance on deferred tax liability recapture, divergence between Global
Anti-Base Erosion (GloBE) and accounting carrying values and the allocation of
cross-border current and deferred taxes. 

Earlier in the year, Luxembourg government issued two draft decrees implementing
the OECD Guidance on tax credits and on functional currency to be used for the
Pillar Two computations. These two draft decrees have also passed the necessary
legislative steps in Luxembourg and are expected to be signed and published
before the end of the year.

NEXT STEPS

The final law and decrees are expected to be published in the Official Gazette
before year-end, with entry into effect for tax years starting on or after 31
December 2023. 

Taxpayers potentially affected by the new legislation should consult with their
tax advisors to fully understand how the change in law could affect them. 

Read More Read Less
Show references Hide references
 1. See EY Luxembourg Tax Alert, Luxembourg updates draft legislation amending
    Pillar Two Law reflecting June 2024 OECD guidance | EY Luxembourg, dated 7
    November 2024 and Luxembourg proposes changes to Pillar Two Law | EY -
    Global, dated 12 June 2024.


SUMMARY 

On 19 December 2024, the Luxembourg Parliament approved a legislative proposal 
 that will amend the law dated 22 December 2023 (Pillar Two Law). 

Read More Read Less

About this article

Authors

 * Bart Van Droogenbroek
   EY Luxembourg Partner, Tax Leader
 * Christian Schlesser
   EY Luxembourg Partner, International Tax and Transactions Services Leader

Related topics
Tax
 * Facebook
 * Twitter
 * LinkedIn
 * Link Copied




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