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On 29 November 2017, the Luxembourg tax authorities released the highly anticipated circular on stock option/warrant plans (the “Circular”). ATOZ, Taxand Luxembourg, provides an analysis.
The publication of the Circular follows the announcement made by Finance Minister Gramegna during his presentation of the 2018 budget, according to which the regime of stock option/warrant plans would be amended soon.
The Circular replaces the former circulars 104/2 Income Tax Law of 20 December 2012 and 104/2bis Income Tax law of 28 December 2015 as well as internal administrative guidelines from the tax authorities.
Discover more: Luxembourg warrant plan regime amended
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The Circular replaces, as from its publication, the current rules governing warrant plans. It covers both the plans already in place and the ones to be put in place by employers in the future. Therefore, employees benefiting from such plans as well as employers having implemented such plans or intending to implement such plans for their employees in the future should seek the advice of experts in order to assess the impact of the changes introduced and make sure that they comply with the amended notification rules.