Capital gains tax in Luxembourg: calculation methods and exemption criteria
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Rudolphe ABEN
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In Luxembourg, the sale of a property generally results in taxation of the capital gain realized. However, there are some exceptions. In this article, we will examine the different situations of property sales and the tax rules applicable to each of them.
Principal residence exemption
Capital gains realized on the sale of a principal residence are generally exempt from tax. This exemption depends on the occupation of the property at the time of the sale and the reasons for the sale (imperative family or professional reasons). It is important to note that the principal residence is not necessarily the tax residence.
Taxation of other properties
If you sell a property other than your main residence, the capital gain is taxable, with some exceptions. The taxation system varies according to the length of time the property has been held and the nature of the gain (speculative or sale).
Properties sold less than 2 years after purchase
Capital gains on the sale of a property acquired less than 2 years previously are subject to income tax. The gain is calculated by deducting the purchase price and the costs of acquiring the property from the sale price. It is taxed at the normal rate.
Property sold more than 2 years after purchase
Capital gains from the sale of a property acquired more than 2 years ago are subject to a different tax regime. The gain is calculated by deducting from the sale price the revalued purchase price and the costs of acquisition. It is taxed at half the global rate.
Deductions
Taxpayers are entitled to a deduction of 50,000 euros over a period of 10 years, which is doubled in the case of collective taxation. An additional deduction of 75,000 euros is granted in the case of the transfer of inherited property.
Tax year
The tax year for capital gains on real estate is the year of transfer, regardless of the date of payment of the price. Capital losses or losses on disposal can be offset against income in the same category, but cannot be carried forward or offset against income in another category.
In conclusion, it is essential to understand the different tax rules applicable to the sale of real estate in Luxembourg. The calculation methods and exemption criteria vary according to the situation, so it is important to be informed and, if necessary, to consult a professional.