Limitation to WHT refund

In order to bring Luxembourg legislation in line with recent case law of the ECJ (Tate & Lyle Investments Ltd/Belgique, C-384/11 and Com/Allemagne, C-284/09), the possibility to receive a refund of Luxembourg dividend withholding taxes that were in excess of the effective tax due on such income, which was solely available to Luxembourg resident taxpayers, has now been abolished.

From now on, only taxpayers for whom the dividend withholding tax was applied due to the minimum holding period criteria not being met (as required for the application of the domestic dividend withholding tax exemption regime) can still request the refund once such minimum holding period is met.