The 2012 worldwide VAT, GST and sales tax guide

L UXEMBOURG 419
Return liabilities must be paid in euros.
Penalties. Penalties are assessed for the late payment or late submission
of a VAT return in the following amounts:
• For monthly or quarterly returns, the fine may vary from €50
to €5,000.
• For annual returns, the fine may vary from €50 to €5,000.
J. EU declarations
INTRASTAT. A Luxembourg taxable person that trades with other
EU countries must complete statistical reports, known as
INTRASTAT returns, if the value of its sales or purchases of
goods exceeds certain thresholds. Separate reports are required
for intra-Community acquisitions (INTRASTAT Arrivals) and for
intra-Community supplies (INTRASTAT Dispatches). Electronic
submissions via email are allowed.
The threshold for INTRASTAT Arrivals is €200,000.
The threshold for INTRASTAT Dispatches is €150,000.
Luxembourg taxable persons must complete INTRASTAT declarations
in euros.
INTRASTAT returns are due monthly by the 6th day of the
month following the period (unless they are submitted electronically
or on floppy disk, in which case a 10-day filing extension is
allowed).
A penalty may be imposed for late submission or for missing or
inaccurate declarations. The fine is generally €500 (although the
statistical authorities may impose a penalty of between €251 and
€2,500).
EU Sales Lists. If a Luxembourg VAT taxable person performs
intra-Community supplies of goods, it must submit an EU Sales
List (ESL) for goods.
In principle, ESLs for goods must be submitted by the 15th day
of the month following the end of the month. However, ESLs for
goods may be submitted quarterly if the threshold of €50.000 of
intra-Community supplies of goods to other EU member states is
not exceeded during the concerned quarter or during the four
preceding quarters. For a quarterly filing, the ESLs for goods
must be submitted by the 15th day of the month following the
concerned quarter.
A Luxembourg VAT taxable person must also file an ESL for
services rendered. This ESL must provide information regarding
services rendered to VAT taxable and nontaxable persons who
satisfy the following conditions:
• They are registered for VAT in another EU member state, and
the services are rendered in the other EU member state.
• The service recipients are not exempt from VAT in the EU
member state where the services are deemed to take place.
• The recipients are liable to deal with the VAT in the other EU
member state.
ESLs for services must be filed on a monthly basis by the 15th
day of each month. VAT taxable persons may file the lists on a
quarterly basis by the 15th day of each quarter.