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Luxembourg Notary Exam: Tax law relevant to notarial acts

Luxembourg Notary Exam · Work through your exam, one topic at a time.

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Tax law relevant to notarial acts

Tax law relevant to notarial acts

This domain tests the taxes the notary assesses, collects or flags: registration duties, transcription duty, VAT, and succession and donation duties. Accuracy on rates and reliefs is essential.

Registration and transcription

  • A sale of an existing immovable is subject to a 6% registration duty and a 1% transcription duty, giving a standard 7% total.
  • The Bëllegen Akt grants a credit against registration duty for a principal residence, up to €40,000 per acquirer (€80,000 for two).
  • Donations of immovables require a notarial deed and registration; the rate depends on the relationship.
  • VAT at 17% applies to supplies of new buildings by taxable persons; the notary checks the regime and collects where required.

Succession

  • Succession duties are assessed on death, with rates and allowances varying by kinship; spouses and partners and the direct line benefit from favourable treatment.
  • The notary files the declaration and collects the duty in many estates.

Worked example

A couple buys an €800,000 home as their principal residence. Duty at 7% is €56,000. The Bëllegen Akt credit is €40,000 each, so €80,000, capped at the duty actually due. The credit extinguishes the €56,000; no cash refund arises. If the property were a second home, the full €56,000 would be payable.

Traps

Forgetting the 1% transcription duty, applying VAT to an old building, and treating the credit as refundable are frequent errors. Check whether the conditions of the relief (principal residence, occupancy) are met.