Implications with respect to tax cards (employees or pensioners)

During their marriage, non-resident married taxpayers who are taxed jointly must file a single, joint tax return.

For the tax years following the year of their spouse's death, widowed taxpayers, under certain circumstances, file an income tax return and report their own income. However, widowed taxpayers remain in tax class 2 for 3 years following their spouse's death.

For married taxpayers

In the year of the marriage's dissolution by reason of death, the widowed taxpayer (whether employed in Luxembourg or receiving a pension that is taxable in Luxembourg) is not required to carry out any particular formalities with respect to tax cards that have already been issued.

In the event of the death of an employee of a Luxembourg company, the beneficiary of the 3-month goodwill period—an indemnity corresponding to the current month's salary and that of the 3 following months—must apply for an additional tax card in order to receive payment.

The beneficiary of the 3-month goodwill period who is an employee in Luxembourg sends a death certificate and a duly completed copy of Form 164 NR/EM to the non-resident Luxembourg RTS office.

The surviving spouse in employment remains in tax class 2 for 3 years following the death of their spouse. During that period, tax class 2 is automatically listed on their tax card when it is issued.

Following the transitional period, a widowed taxpayer with or without children enters tax class 1A.

For taxpayers living in partnerships

The death of a partner does not require carrying out any specific formalities with respect to the tax card.

Implications with respect to the income tax return

For married taxpayers

Where both taxpayers receive professional income that is taxable in Luxembourg—i.e., commercial profit, agricultural and forestry profit, earnings from self-employment, income from paid employment, income from pensions or annuities—they remain jointly taxable for the year in which the marriage is dissolved by reason of death. The widowed taxpayer therefore files a joint tax return.

If only one of the taxpayers receives professional income that is taxable in Luxembourg, under certain circumstances, the widowed taxpayer must file an income tax return reporting only income from Luxembourg sources.

In the year following their spouse's death, and under certain conditions, widowed taxpayers file an income tax return reporting their own income.

For taxpayers living in partnerships

The surviving partner may not apply for joint taxation for the year in which the partnership ends by reason of death. Under certain conditions, surviving partners may file a tax return and declare their own income.

Implications with respect to annual adjustments

For married taxpayers

For the year in which the marriage is dissolved, taxpayers who do not satisfy the conditions for filing an income tax return may, under certain circumstances, file a request for an adjustment of their tax withholdings using the annual-adjustment method. The taxpayers file one joint annual adjustment application.

For the year following the dissolution of the marriage, a widowed taxpayer who is an employee in Luxembourg or receives a pension that is taxable in Luxembourg and who does not file an income tax return may, under certain circumstances, file a request for a tax adjustment using the individual annual-adjustment method.

For taxpayers living in partnerships

For the year in which the partnership ends, the surviving partner who does not file an income tax return may, under certain circumstances, file a request for a tax adjustment using the annual-adjustment method.