Bringing you news, views and analysis since 2013

16249

ALFI clarifies position on ‘LuxLeaks’

RELATED TOPICS​

ALFI, the Association of the Luxembourg Fund Industry, has moved to clarify the position of Luxembourg-domiciled funds in relation to the recent discussions on the so-called “LuxLeaks”.

Luxembourg-domiciled investment funds are subject to an annual subscription tax (“taxe d’abonnement”) calculated on their assets under management. In contrast, the vast majority of other countries do not apply any taxation at all on a fund level. 

The quasi-totality of Luxembourg investment funds, and more specifically ‘UCITS’ funds, do not need, nor do they obtain, rulings.

At times, real estate or private equity funds, which represent only a few tens of billions of the EUR 3000 billion of total assets under management by Luxembourg funds, need to use ‘special purpose vehicles’ (SPV) at the level of which rulings may be granted. SPVs are common market practice and used in many jurisdictions, primarily for legal and regulatory reasons[1]. Rulings applied to SPVs mainly aim to ensure that fiscal neutrality is maintained. In other words, an investor should not be fiscally disadvantaged when he invests in real estate or private equity through a foreign fund rather than directly.
 
Camille Thommes, Director General of the Association of the Luxembourg Fund Industry (ALFI), says: “There is no tax advantage by domiciling an investment fund in Luxembourg. Fund managers and international investors select Luxembourg as a domicile because of the track record and unequalled expertise of the investment fund industry in Luxembourg.”
 
He adds: “Regulated investment funds are an important source of funding for the economy, i.e. for small- and medium, as well as for multinational companies, for infrastructure projects, environmental or social entrepreneurs. They are well-regulated financial products for investors around the world. There is no reason to draw such investment funds into the recent discussion on tax practices in Luxembourg.”
 
Camille Thommes emphasises that: “Investment funds play no role in enabling people or companies to avoid tax: investors in Luxembourg investment funds will be essentially taxed in their home country, according to the local tax rules, on the income derived from their investment.
 
“In the meantime, everybody knows that tax rulings are legal and commonly used in many jurisdictions. They are not a ‘Luxembourg-specific’ practice, contrary to what the LuxLeaks press seems to suggest. It is difficult to get rid of the feeling that LuxLeaks is a targeted campaign against Luxembourg”.

Latest News

Hedge funds posted mixed declines in October, with sharp drops in Technology and AI-related equities..
The UK is poised to become one of the world’s next generation of fintech leaders,..
Universal Investment has announced the acquisition of Cadarn Capital, a fund distribution and investor relations..

Related Articles

European investors continue to the lead the charge for sustainable investing, ploughing USD9.4 billion into funds in the third quarter of 2026...
European investors continue to the lead the charge for sustainable investing, ploughing USD9.4 billion into funds in the third quarter..
Asset managers gave a muted response to the UK Budget from Chancellor of the Exchequer John Healey this week, with one describing it as a “non-event”...
Asset managers gave a muted response to the UK Budget from Chancellor of the Exchequer John Healey this week, with..
It is tough out there for asset managers and it is about to get tougher, according to research from PwC...
It is tough out there for asset managers and it is about to get tougher, according to research from PwC...
Asset managers ever more reliant on artificial intelligence (AI) to support their investment decisions are becoming more vulnerable to weaker data that informs the technology...
Asset managers ever more reliant on artificial intelligence (AI) to support their investment decisions are becoming more vulnerable to weaker..
Subscribe to the Institutional Asset Manager newsletter

Subscribe for access to our weekly newsletter, newsletter archive, updates on the site and exclusive email content.

Marketing by