LUXEMBOURG: CERTIFICATES OF TAX RESIDENCE, COLLECTIVE INVESTMENTS

The Luxembourg tax authorities issued a circular providing guidance and rules for issuing certificates of tax residence and access to application of income tax treaty provisions for the avoidance of double taxation for Luxembourg “undertakings for collective investment” or UCIs.

The circular sets forth guidance for SICAVs / SICAFs and whether treaty benefits are available. If treaty benefits are not available, it may be possible for these entities to obtain a certificate of tax residence based on Luxembourg domestic tax law when the “statutory seat” or central administration of the SICAV is located in Luxembourg.