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| Luxembourg IHT Law Under Fire |
by Ulrika Lomas, Tax-News.com, Brussels
Tuesday, June 29, 2010
It has recently emerged that the European Commission has officially asked Luxembourg
to amend its legislation on inheritance tax.
The legislation in question stipulates additional conditions for non-resident
heirs and, in particular, freezes their entire estates until they provide 'an
additional guarantee'. Given that the freeze rule does not apply to resident heirs,
the Commission considers that this therefore constitutes a discriminatory practice,
is disproportionate, if not unjustified, and is contrary to the provisions contained
in the Treaty on the Functioning of the European Union concerning the free movement
of capital.
Under the existing regulations, when a resident dies, the government of Luxembourg
is owed a debt equivalent to the amount payable in inheritance tax by the heir.
In order to recover this debt, the government of Luxembourg can avail itself of
certain guarantees: a privileged lien on all the movable property and/or a legal
mortgage on all the immovable property located in Luxembourg bequeathed in the
inheritance.
A non-resident heir has to provide an additional guarantee for the payment of
the amount due before being able to take possession of the inheritance. The amount
of the guarantee is set by the judge. If the heir is not able to provide such
a guarantee, the inherited assets are frozen until such time as the guarantee
has been put in place.
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