Luxembourg life insurance contract and reporting obligations in Luxembourg

Wealth Management and Legal & Tax Departments
April 30, 2021
What are the reporting obligations for a Luxembourg life insurance policy taken out by a Luxembourg resident? Reminder of the different declarations to be made and their possible tax consequences.

Life insurance contract and income tax declaration

Income tax (Form 100)
Pursuant to Article 111 LIR, premiums paid for insurance policies are in principle deductible as special expenses, provided they appear in the annual tax declaration form.
Conditions:

  • the life insurance policy is taken out for an effective period of at least 10 years and
  • the premiums are calculated on the basis of actuarial factors dependant on the state of health of the insured.

The maximum which can be entered in the declaration form is EUR 672 per year, and per taxpayer in the household (i.e. EUR 1,344 per year for a married couple). 

The taxpayer must attach to his declaration a certificate from his insurance company indicating the sum deductible in connection with his policy. 

Declaration in case of surrenders

There is no declaration to make, unless surrender takes place within six months of taking out the life insurance policy. In this case, any capital gain on surrender will be declared in the Form 100 relating to the year of surrender.

Luxembourg does not apply withholding tax on surrender income either.

In addition, and applied together with Article 115 LIR, surrender of life insurance policy are exempt from income tax, providing that the life insurance policy must have been taken out at least six months before the date of surrender. If this is not the case, any capital gain on the surrender will be subject to the progressive rate of income tax, with no possibility of deduction)

Reporting obligations of the insurance company

In accordance with Articles 16, 17 and 18 of the Law of 28 January 1948 aimed at ensuring the fair and accurate collection of registration fees and death duties on the death of an insured person last resident in the Grand Duchy of Luxembourg, the insurer must communicate to the Luxembourg Registration and Domicile Department the names of the policy’s beneficiaries and the sum of benefits paid.

Do you have any doubts about your situation?

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