Country-by-Country Reporting has been implemented as one of the measures in connection with the automatic exchange of information (AEOI) for tax matters.
Two types of documents are filed annually with the Luxembourg Inland Revenue (Administration des contributions directes – ACD):
Any constituent entity of an MNE group that is established in Luxembourg for tax purposes must submit a notification.
Every ultimate parent company of an MNE group that is established in Luxembourg for tax purposes, or any other reporting entity established in Luxembourg for tax purposes, must submit a country-by-country report.
MNE groups whose total consolidated turnover is less than EUR 750 million during the fiscal year immediately preceding that for which the report is being made are exempt from the requirement to file a country-by-country report.
The notifications must be submitted annually no later than the last day of the reporting fiscal year for the MNE group.
The country-by-country reports must be submitted no later than 12 months after the final day of the reporting fiscal year for the MNE group.
The first reporting fiscal year of the MNE group is the year beginning on 1 January 2016 or after that date.
Notifications must be sent to the Luxembourg Inland Revenue using the online assistant.
The notification conveys all the information the Luxembourg Inland Revenue requires to identify the constituent entity.
In particular, it should include:
You may submit country-by-country reports to the Luxembourg Inland Revenue by:
Now, when you submit an XML file, you are no longer able to change the information that is uploaded to the online assistant. Information that is submitted by importing an XML file undergoes functional tests for final validation, before being sent to the Luxembourg Inland Revenue. When the XML file contains errors:
Country-by-country reports, which must be submitted in the dedicated form, should contain the following information on the MNE group:
Further information or explanations, if needed, must be provided to facilitate the understanding of the data specified in the above 2 points.
As of 1 August 2019, the country-by-country report distinguishes between an initial submission and a corrected submission, which specifies which information has been amended.
You may correct your notification or country-by-country report by submitting a request to the Luxembourg Inland Revenue. You may contact CbCR staff by:
to request that the form sent to the Luxembourg Inland Revenue be reopened for editing.
A country-by-country report submitted to the Luxembourg Inland Revenue through the manual input assistant may only be resubmitted in a corrected form before it is shared as part of the process of automatic exchange of information. Once such an exchange occurs, a new, corrected form must be submitted with the box "This is a correction of the country-by-country report" ticked and with the corrected screens marked.
Because it is impossible to edit data that has been submitted in an XML file, the Luxembourg Inland Revenue cannot return XML submissions for correction.
In all cases, if you wish to amend such a form, you must file a new, corrected report that is based on the initial XML submission but specifies which information has been corrected.