Taxation of capital gains on real estate in Luxembourg: all you need to know
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Rudolphe ABEN
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In Luxembourg, the taxation of capital gains on real estate depends on the type of property sold and the period between purchase and sale. In this article, we will discuss the main rules regarding the taxation of capital gains on real estate, in particular for principal residences and other properties.
Principal residence exemption
The sale or exchange of a principal residence in Luxembourg is exempt from capital gains tax if certain conditions are met. A taxpayer's residence is considered to be a principal residence if :
- The residence is occupied by the taxpayer at the time of the sale or exchange, or the sale or exchange takes place no later than 31 December of the year following the move.
- The taxpayer has lived in the home since its purchase or completion, or for at least 5 years prior to the sale or exchange.
- The sale or exchange was made for family or professional reasons of the taxpayer, their spouse or partner.
Taxation of property sold less than two years after purchase
If the sale or exchange of the property takes place less than two years after its acquisition, the income realized is called speculative profit. This gain is taxed according to the taxpayer's annual taxable income and family situation, with a marginal tax rate of up to 42%.
Taxation of property sold more than two years after purchase
If the sale or exchange of the property takes place more than two years after its acquisition, the income realized is called capital gain and is taxed at 21%, which is half the global rate.
The capital gain income is subject to a ten-year tax-free allowance of 50,000 euros (100,000 euros if the spouse or partner is taxed jointly).
Understanding the taxation of capital gains on property in Luxembourg is essential for owners considering selling their property. The tax rules vary depending on the type of property and the period between purchase and sale. It is always advisable to consult a professional for personalized advice on your tax situation.