The law implementing FATCA in Luxembourg (“the FATCA law”) was voted unanimously by the Luxembourg Parliament during the session of 1 July 2015 (first vote but a motion to dispense with second vote has been filed). Following the draft version published on 30 March 2015 by the Luxembourg Parliament (we kindly refer you to our previous FATCA e-alert - Issue 2015-09 - April 2015), the ratification of the FATCA law finally came through after having been delayed mostly for the concerns raised by the National Commission for Data Protection about questions relative to data privacy and protection.
In fact, while the provisions laid down in the draft version of the text have mostly not suffered any change (for a more detailed analysis of these provisions we kindly refer you again to our previous FATCA e-alert aforementioned), it is mainly data privacy and protection concerns that lead to the amendment of article 3. This article, referring to the Luxembourg law on data privacy and protection, has been modified to insist on the information obligations that Luxembourg financial institutions have towards each individual concerned prior to any reporting to the Luxembourg Tax Authorities.
In particular, Luxembourg financial institutions have to inform each individual to be reported under FATCA that:
Now that the FATCA law has been voted and will enter into force, next steps would be for the “Administration des Contributions Directes”, Luxembourg Tax Authorities, to release the final version of their draft administrative circulars issued earlier and which provide essential guidelines to Luxembourg financial institutions on FATCA implementation in Luxembourg (in this regards please see below our comments on the second draft of the IT circular ECHA - n° 3 issued on 30 June 2015). As for the Luxembourg financial institutions, the FATCA law provides a legal basis enabling them to proceed with the filing of their FATCA returns before the end of July extended deadline.
On 30 June 2015, the Luxembourg Tax Authorities issued an updated version of the circular which provides specifications of the XML file used to file FATCA returns (also known as ECHA - n° 3). As such, the structure of the XML file has not been altered. However, the Luxembourg Tax Authorities provided the following clarifications:
As a reminder, please note that the deadline for the FATCA reporting with respect to Financial Accounts as at 31 December 2014 was exceptionally extended to 31 July 2015 (instead of 30 June).
On a separate note, please be informed that the Luxembourg Investment Fund Association ALFI has issued a second Q&A document (PDF, 252 KB) on FATCA reporting and withholding.
For further information, please do not hesitate to contact us.
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