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European withholding tax exemption certificate

 

According to Article 11 of the European Savings Directive 2003/48/EC, Luxembourg banks (“paying agents”) are levying a specific (“European”) withholding tax at a rate of 35% on certain interest payments as defined by this directive.

However, if an individual taxpayer resident in an European Member State provides a Luxembourg bank:
 

  • either with an exemption certificate, which shall be issued on the taxpayer’s request and drawn up by the tax authorities of the taxpayer's country pursuant to article 13 (2) of the Savings Directive (article 13 (1) (b)), 
  • or with a mandate to automatically report, according to article 9 of the Savings Directive, nominative information through their competent authorities to the tax administration of their country of residence on all interest payments covered (article 13 (1) a)),


no withholding tax will be withheld by the Luxembourg paying agent, as the tax administration of the country of residence is already aware of the fact that its resident holds a cash or securities account in Luxembourg.

In order to make it easier for clients of Luxembourg banks to obtain the exemption certificate from their country of residence, the ABBL has written to all EU Member States requesting information on their certificates and asking them to send the association model forms if available.

The certificates / model forms for individuals as well as for so-called residual entities (opting for the UCITS treatment), may be downloaded below, if available. The exemption certificate for Luxembourg residents holding an account abroad may also downloaded below.

Please note that some of these forms are only samples, which cannot be directly used (in these cases, clients need to obtain the form directly from their tax administration). In some (rare) cases, it is mandatory to use a separate request form to obtain the required tax form.

 

Country of residenceCertificate for IndividualsCertificate for Residual Entities (UCITS)Form for Obtention of Certificate
Overview of Member State exemption certificates
AustriaNONONO
BelgiumYESYESNO
BulgariaYESYESNO
Cyprus1NONONO
Czech RepublicYESYESNO
DenmarkNONONO
EstoniaYESNONO
FinlandYESYESYES
FranceYESYESNO
GermanyYESYESNO
GreeceYESNONO
HungaryYESYESNO
IrelandNONONO
ItalyYESYESNO
LatviaYESNONO
LithuaniaNONONO
LuxembourgYESNONO
MaltaYESNONO
The NetherlandsYESNOYES
PolandYESNONO
PortugalYESYESNO
SlovakiaYESNOYES
SloveniaYESYESNO
SpainYESYESNO
SwedenYESNONO
United KingdomYESYESNO

1 Cyprus sent a form allowing non-residents to be exempted from the domestic special contribution for the defence

 

Member States that have not yet replied to the ABBL

 
France
Romania

 

Download the exemption certificates or forms:

   
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Last udpate April 2012

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