SME Scheme – General features
Exemption
It is possible to opt for the SME scheme in Luxembourg.
Transactions excluded from the SME scheme
The following transactions and special schemes are excluded from the SME scheme:
- Occasional transactions, like the supply before first occupation of a building or parts of a building or the supply of building land,
- Exempt cross-border supplies of new means of transport made from one Member State to another,
- Letting and leasing of immovable property if the taxable person has opted for taxation,
- VAT-grouping scheme
National annual threshold
The national annual threshold in Luxembourg is 50 000 EUR.
Luxembourg does not apply sectoral thresholds.
More information is available on TEDB.
Domestic SME scheme
Simplified VAT obligations
A small enterprise established in Luxembourg who applies the SME scheme in Luxembourg only (domestic SME scheme) is released from the following VAT obligations:
to submit periodical VAT returns, provided that this small enterprise has not carried out any supplies of services for which VAT is payable by the customer pursuant to Article 196 of directive 2006/112/CE and is not liable for VAT on transactions not covered by the SME scheme.
Cross-border SME scheme
The cross-border SME scheme applies in the following situation(s):
- The small enterprise applies the SME scheme in other Member States than the Member State of establishment, or;
- The small enterprise applies the SME scheme both in the Member State of establishment and in other Member State(s).
Simplified VAT obligations
The VAT registration in each Member State where the small enterprise applies the SME scheme is replaced by a single prior notification to be submitted in the Member State of establishment.
The periodical VAT returns are replaced by a single quarterly report for all Member States to be submitted in the Member State of establishment.
Currency
The values of supplies of goods and services to indicate in the prior notification, in the update to a prior notification and in the quarterly reports must be in EUR.
Way of submission
The prior notification, the update to a prior notification and the quarterly reports should be submitted by electronic means on this page. (page under construction)
Additional simplified VAT obligations
Exempt small enterprises applying the cross-border SME scheme in Luxembourg are released from the following VAT obligations:
- to issue invoices for B2C supplies
- to issue full invoices for B2B supplies
Loss of simplified VAT obligations
Not applied
Transitional period
Luxembourg applies a transitional period in case the national annual threshold is exceeded during the current calendar year.
If the national annual threshold is exceeded by not more than 10%, the exemption remains applicable until the end of the calendar year.
More information can be found in TEDB database.
Practical examples of the application of the transitional period and its consequences are available in the Explanatory Notes.
Quarantine
Quarantine period in case of exclusion from the SME scheme
Small enterprises excluded from the SME scheme in Luxembourg are not able to benefit from that exemption during the current year and the following calendar year.
You can consult the quarantine period applicable in Luxembourg on TEDB database.
Practical examples on the application of the quarantine period and its consequences are available in the Explanatory Notes.
Quarantine period in case of voluntary departure from the SME scheme
Small enterprises who decide to voluntarily leave the SME scheme in Luxembourg are not able to benefit from that exemption during the current year and the following calendar year.
You can consult the quarantine period applicable in Luxembourg on TEDB database.
Appeals
Domestic SME scheme
Appeals should be addressed to your Member State of establishment (MSEST).
Cross-border SME scheme
Member State of establishment (MSEST)
Appeals related to the following topics should be addressed to MSEST:
- Union annual turnover
- Prior notification, correction and update to a prior notification
- Quarterly reports and correction of a quarterly report
- Exclusion for exceeding the Union annual turnover
Member State of exemption (MSEXE)
Appeals related to the following topics should be addressed to MSEXE:
- National annual turnover
- Denial to access the cross-border SME scheme in MSEXE
- Loss of simplified VAT obligations in respect of MSEXE
- Exclusion for exceeding the national annual threshold/sectoral threshold in MSEXE
Cash Accounting
It is possible to opt for the special scheme for cash accounting in Luxembourg if the national annual threshold of 500 000 EUR has not been exceeded in the previous calendar year.
More information available on TEDB.