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Change to the tax treatment of US branch structures
On 22 June 2016, a draft law was submitted to the Luxembourg Parliament anticipating an upcoming amendment to the US-Luxembourg double tax treaty (DTT). Taxand Luxembourg explains the amendment.
The aim of this amendment is to stop situations of double non-taxation resulting from different interpretations of the permeant establishment (PE) concept in Luxembourg and the United States.
Example: Status quo
- US-source income is paid to a Luxembourg resident company that is exempt under Luxembourg tax law and the applicable DTT as it is considered to be attributable to a PE in the US
- At the same time, under US law, no taxable presence exists and the income is exempt in the US
- Under these circumstances, neither the US nor Luxembourg would tax the income realised through the activities performed by the PE. This situation would result in double non-taxation
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