The recent amendments to the Germany-Luxembourg Tax Treaty represent a pivotal shift in the landscape of international tax law, with significant implications for investment funds. These amendments, arising from the collaborative efforts of Luxembourg and Germany, reflect a growing trend towards greater fiscal transparency and cooperation. Signed into effect by the respective Finance Ministers, the protocol amending the treaty underscores a commitment to adapting the existing frameworks to contemporary economic realities, ensuring that investment funds operate within a fair and regulated tax environment.

Background of the Germany-Luxembourg Tax Treaty

The Double Tax Treaty (DTT) between Germany and Luxembourg, established in 2012, was designed to prevent the double taxation of income and capital gains for entities operating in both countries. It laid the groundwork for cross-border trade and investment, fostering economic ties by eliminating fiscal barriers. The DTT is a part of a broader network of international tax treaties, which serve to encourage global investment by providing clarity and certainty regarding tax liabilities. These treaties not only facilitate the prevention of double taxation but also enable information exchange and cooperation between tax authorities, thus promoting international investment and economic collaboration.

BEPS Actions and the Preamble Update

The Base Erosion and Profit Shifting (BEPS) initiative, led by the OECD, targets tax avoidance strategies that exploit gaps and mismatches in tax rules. It aims to realign taxation with substance and value creation. In response to BEPS Actions, the amended preamble of the Germany-Luxembourg DTT now explicitly states the treaty’s intent to eliminate double taxation without creating opportunities for tax avoidance or evasion. This update represents a deliberate move to align with global efforts against aggressive tax planning, ensuring that the treaty cannot be misused for unintended benefits. The BEPS project’s influence is evident in the strengthened language of the treaty, which now reinforces the commitment to fair taxation principles and the integrity of the international tax system.

The Amending Protocol

The protocol amending the Germany-Luxembourg DTT introduces significant changes, reflecting the evolving economic and regulatory environment. Notable amendments include adjustments to the articles concerning the exchange of information, which now align with the latest international standards for transparency and data sharing. The protocol also revises the provisions related to the mutual agreement procedure, streamlining dispute resolution processes and enhancing tax certainty for businesses and investors.

A key aspect of the protocol is the modification of the “19-day rule,” which previously governed the tax treatment of cross-border workers who split their working time between Germany and Luxembourg. The amendment extends this provision to allow for 34 days of remote work per year without triggering tax liabilities in the other country. This change is particularly timely, considering the increasing prevalence of remote work arrangements and aims to provide more flexibility for cross-border employees, reducing the administrative burden and potential for double taxation. The protocol’s adaptations are thus both a

response to contemporary work practices and an expression of the two countries’ commitment to facilitating cross-border economic activity while ensuring tax fairness.

Implications for Investment Funds

The amendments to the Germany-Luxembourg Double Tax Treaty (DTT) bear consequential implications for Luxembourg’s investment funds, particularly Reserved Alternative Investment Funds (RAIFs) and Specialised Investment Funds (SIFs). These amendments have the potential to redefine the withholding tax landscape, as they could alter the tax treatment of dividends, interest, and royalties. For instance, investment funds may face new withholding tax rates or benefit from exemptions, depending on the revised provisions of the treaty. This recalibration of withholding tax obligations could affect the net returns of the investment funds and necessitate a reassessment of cross-border investment strategies. Fund structures may need to adapt to optimise tax efficiency under the amended treaty terms, ensuring that they align with the newly established fiscal boundaries and continue to provide attractive investment vehicles for international investors.

Withholding Tax Reclaiming Process

Investment funds typically reclaim withholding tax to avoid double taxation on income earned abroad. This process involves providing evidence of tax residency and entitlement to treaty benefits. With the amended DTT, the reclaiming process may become more streamlined or face new requirements. Investment funds must carefully examine the updated treaty articles to ensure compliance and to maximise reclaim opportunities. The protocol amendments could impact the documentation and timelines associated with reclaim submissions, affecting the operational procedures of funds.

Strategic Considerations for Investment Funds

In response to the treaty amendments, investment funds should proactively consider strategic tax planning and restructuring. This may involve revising investment structures, reviewing tax treaty networks, and reassessing fund domiciliation decisions to maintain tax efficiency. It is crucial for funds to consult with tax advisors to navigate the complexities of the amended DTT and to align their strategies with the new tax regime. Active engagement with the latest treaty developments will be essential to optimise fiscal positions and to anticipate the implications of future tax policy shifts.


The comprehensive amendments to the Germany-Luxembourg Tax Treaty stand as a testament to an evolving fiscal landscape, one in which transparency, equity, and cooperation are paramount. These changes, particularly concerning investment funds, herald a new era of tax strategy, where the recalibration of withholding tax obligations could significantly impact fund returns and cross-border investments. Investment funds, especially RAIFs and SIFs, must now navigate these amended waters with diligence, assessing the potential shifts in their operational and reclaim procedures. The amendments’ emphasis on fair tax practices and avoidance of evasion aligns with a global mandate for integrity within the international tax system. For global investors and fund managers, it is imperative to seek the expertise of seasoned tax professionals, like those at Global Tax Recovery, to ensure they remain at the forefront of compliance and optimisation in this dynamic tax environment. Their specialised knowledge and insight are invaluable resources for adapting to these treaty changes and securing a competitive edge in international investment.