27.2 VAT Registration Thresholds and Obligations
When Must You Register for VAT?β
VAT registration is mandatory for businesses in Luxembourg when:
- Annual Turnover Threshold: Your annual taxable turnover exceeds β¬35,000
- Intention to Exceed: You expect to exceed the threshold in the current year
- Voluntary Registration: You choose to register even if below threshold (to recover input VAT)
- Specific Activities: You engage in certain activities requiring registration regardless of turnover
Registration Thresholdsβ
Standard Threshold: β¬35,000β
Applies to: Most businesses selling goods or services in Luxembourg.
Calculation:
- Based on taxable turnover (excluding VAT)
- Includes all taxable sales, not just Luxembourg sales
- Calculated on a rolling 12-month basis
Example:
- Business has β¬30,000 turnover in first 6 months
- Projected annual turnover: β¬60,000
- Must register before exceeding β¬35,000
SME VAT Scheme Threshold: β¬50,000β
Applies to: Small businesses eligible for simplified VAT scheme (see Section 27.3).
Benefits:
- Simplified accounting
- Reduced filing frequency
- Lower compliance burden
Registration Processβ
Step 1: Determine Eligibilityβ
- Calculate your taxable turnover
- Check if you exceed thresholds
- Consider voluntary registration benefits
Step 2: Gather Required Documentsβ
- Business registration documents (RCS)
- Identification documents
- Bank account details
- Business activity description
Step 3: Submit Registration Applicationβ
- Complete VAT registration form
- Submit to Administration de l'Enregistrement, des Domaines et de la TVA (AED)
- Receive VAT number (usually within 2-4 weeks)
Step 4: Receive VAT Numberβ
- Format: LU + 8 digits (e.g., LU12345678)
- Required for all invoices
- Must be displayed on business documents
VAT Registration Obligationsβ
Once registered, businesses must:
1. Charge VAT on Salesβ
- Apply correct VAT rate to all taxable sales
- Issue VAT invoices with required information
- Display VAT-inclusive prices to consumers
2. Keep VAT Recordsβ
- Maintain detailed records of all transactions
- Keep invoices and receipts
- Record VAT collected and paid
- Retain records for 10 years
3. File VAT Returnsβ
- Submit periodic VAT returns (monthly, quarterly, or annual)
- Calculate net VAT payable or refundable
- File through eCDF system
- Meet filing deadlines
4. Pay VAT Dueβ
- Pay net VAT within payment deadlines
- Interest and penalties apply for late payment
- Set up payment arrangements if needed
5. Display VAT Numberβ
- Include VAT number on all invoices
- Display on website and business documents
- Required for B2B transactions
VAT Return Filing Frequencyβ
Filing frequency depends on annual turnover:
| Annual Turnover | Filing Frequency |
|---|---|
| Over β¬112,000 | Monthly |
| β¬35,000 - β¬112,000 | Quarterly |
| Below β¬35,000 | Annual (if eligible) |
Voluntary Registrationβ
Businesses below the threshold can voluntarily register for VAT to:
- Recover Input VAT: Claim back VAT paid on purchases
- Professional Image: Appear more established to customers
- B2B Advantage: Some B2B customers prefer VAT-registered suppliers
Considerations:
- Must charge VAT on all sales
- Must file VAT returns regularly
- Administrative burden increases
- May affect pricing competitiveness
Deregistrationβ
Businesses can deregister for VAT if:
- Turnover falls below threshold for 12 consecutive months
- Business ceases trading
- Business structure changes
Process:
- Submit deregistration application
- File final VAT return
- Pay any outstanding VAT
- Return VAT registration certificate
Luxembourg Compliance Noteβ
Penalties for Non-Registration:
- Late registration penalty: β¬250 - β¬2,500
- Interest on unpaid VAT
- Potential criminal liability
- Backdating of registration requirement
Important Deadlines:
- Register before exceeding threshold
- Notify authorities within 15 days of exceeding threshold
- Late registration can result in penalties
Think It Throughβ
Sophie's bakery has β¬28,000 turnover in her first year. She expects to grow to β¬45,000 in year two. Should she register for VAT now, or wait until she exceeds the threshold? What are the pros and cons of each approach?
Concepts in Practiceβ
Early Registration Decision
Artisan Boulangerie had β¬30,000 turnover in year one. Sophie considered:
Option 1: Wait to Register
- Pros: No VAT compliance until threshold reached
- Cons: Cannot recover input VAT on equipment purchases
- Cons: May need to register mid-year, causing disruption
Option 2: Register Early
- Pros: Can recover β¬2,000+ input VAT on equipment
- Pros: Smooth transition, no mid-year disruption
- Cons: Must charge VAT on all sales (may affect pricing)
Decision: Sophie registered early to recover input VAT and avoid mid-year disruption.