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An overview by ATOZ Tax Advisers, Taxand Luxembourg.
On 10 November 2023, the Constitutional Court concluded that the minimum net wealth tax regime for companies holding predominantly financial assets is unconstitutional (n° 00185).
As a consequence, a legislative reform of the minimum net wealth tax regime is to be expected. Pending the reform, taxpayers subject to minimum NWT applicable to companies considered as SOPARFIs for minimum NWT purposes should be subject to the minimum NWT applicable to Non-SOPARFIs whenever this is more favourable. In the light of this decision, actions to be taken should be analysed on a case-by-case basis.
The facts leading up to the reference for a preliminary ruling as well as the Court’s reasoning are set out here.
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