|Practical use||Individuals wishing to optimize their
personal tax planning (private wealth management purposes).
|Applicable legislation||Law of 11 May 2007 (“SPF Law”)|
|Eligible investors||Restricted to:
- natural persons acting in the context of the management of their personal wealth;
- management entities acting solely in the interest of the private wealth (e.g. trusts, private foundations); and
- intermediaries acting for the
account of the above mentioned eligible investors (e.g. bank acting under a fiduciary agreement).
|Eligible assets||Restricted to acquisition, detention, management and realization of financial assets.
The SPF is not allowed to carry out commercial activities or to hold directly real estate (except for its own use or through its participations).
|Risk diversification requirements||No risk diversification requirements.|
|Legal Form||- SA
|Capital requirements||Depends of the form:
- SA / SCA: EUR 31,000
- Sàrl: EUR 12,500
- SCoSA: no minimum capital
|Net asset value (NAV) calculation and redemption policy||Not required.|
|Corporate income tax||No corporate income tax|
|Subscription tax||Annual subscription tax of 0.25% on
the amount of paid up capital and
issue premium (if any).
|Wealth tax||No wealth tax.|
|Withholding tax on dividends / interests and capital gains||Not subject to withholding tax except
if EU Savings Directive applies.
|Benefit from double tax treaty network||No|
|Benefit from the EU Parent Subsidiary Directive||No|
|Authorisation and supervision by the CSSF||No|
|Possibility of listing||No|
|Thin capitalization rules (debt-to-equity ratio)||Tax of 0.25% on the debt that exceeds 8 times the paid-up capital increased by the issue premium.|
|Required Luxembourg service providers||No|