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UK Publishes Synthesized Text of Tax Treaty with Luxembourg as Impacted by the BEPS MLI

UK HMRC has published the synthesized text of the 1967 tax treaty with Luxembourg as impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The synthesized text was prepared on the basis of the reservations and notifications submitted to the Depositary upon ratification by the UK on 29 June 2018 and by Luxembourg on 9 April 2019. The authentic legal texts of the respective treaties and the MLI take precedence and remain the legal texts applicable.

The provisions of the MLI are effective for the UK-Luxembourg tax treaty:

  • in the UK and Luxembourg, for taxes withheld at source, from 1 January 2020;
  • in the United Kingdom, from 1 April 2020 for corporation tax and from 6 April 2020 for income tax and capital gains tax; and
  • in Luxembourg, for other taxes for taxable periods beginning on or after 1 February 2020.

Article 16 of the MLI (Mutual Agreement Procedure) has effect with respect to this treaty for a case presented to the competent authority of a Contracting State on or after 1 August 2019, except for cases that were not eligible to be presented as of that date under this treaty prior to its modification by the MLI, without regard to the taxable period to which the case relates.

The provisions of Part VI (Arbitration) of the MLI have effect with respect to this treaty with respect to cases presented to the competent authority of a Contracting State on or after 1 August 2019. The provisions of Part VI (Arbitration) of the MLI may also apply to a case presented to the competent authority of a Contracting State prior to 1 August 2019 to the extent that the competent authorities of both Contracting States agree that it will apply to a specific case.

Click the following link for the synthesized text of the 1967 UK-Luxembourg tax treaty.

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