New law allowing the establishment of

On 14 July 2011, theLuxembourgChamberofDeputies adopted a new law which aims at completing the VAT Law of 12 February 1979. The text introduces a special regime of VAT suspension for all operations carried out in warehouses other than customs warehouses

This faculty given in accordance with the Directive 2006/112/CE allows for the suspension, in a specific location and regarding the storage, the sale and the supply of services related to the same goods, of tax obligations in relation to VAT, excises and import duties.

The law sets up the legal framework allowing the establishment of tax-free zones within the Grand-duchy of Luxembourg. They will be locations within which activities can be performed VAT-free on goods as long as the goods don’t leave the tax-free zones. As a consequence, the VAT exemption is temporary: the goods won’t be taxed while they are stored within the free zone but will as soon as they leave the said zone.

The VAT exempted operations are for instance the importation of the goods into the warehouse but also the sale of the goods as long as they don’t leave the warehouse. The person who removes the goods from the VAT-free zone is liable for the VAT. It can be the person who placed the goods in the warehouse or the owner of the goods while they leave the warehouse.