Luxembourg cross-border tax for individuals for tax year 2026: tax residence (fiscal domicile or habitual stay, with the six-month rule in § 14 StAnpG); non-residents taxed only on Luxembourg-source income (art. 156 LIR) and their tax classes (art. 157bis); the option to be taxed like a resident…
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Accountant-authored. Written and published by Ryan Duguid, an accountant approved on OpenAccountants. Their licence number is not on file. Their registration is in Australia; this skill covers Luxembourg. General reference material, not advice on your specific facts; don't file, pay, or take a position on it without a professional reviewing your situation.
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| Item | Rate or amount | Year | Source |
|---|---|---|---|
| Residence by habitual stay | stay in Luxembourg of more than 6 months; liability then covers the first 6 months too | current | § 14(1) StAnpG, Legilux |
| Income tax scale | 0% up to EUR 13,230, then 8% rising to 42% above EUR 234,870 (23 bands); taxable income rounded down to a multiple of EUR 50 | 2025 and 2026 | LIR arts. 118 and 126 |
| Employment fund surcharge on income tax | 7%; 9% above adjusted taxable income of EUR 150,000 (classes 1 and 1a) or EUR 300,000 (class 2) | since 2013 | ACD, Fonds pour l'emploi |
| Tax class of a married non-resident | class 1, unless both spouses ask for the 157ter rate on the withholding card | current | LIR art. 157bis(2) and (3) |
| Minimum rate on a non-resident's Luxembourg income other than employment and pensions | 15% (7.5% on certain extraordinary income) | current | LIR arts. 157(5) and 157bis(6) |
| Option to be taxed like a resident | at least 90% of world income taxable in Luxembourg, or foreign net income under EUR 13,000; treaty-exempt pay for up to 50 working days counts as Luxembourg income | current | LIR art. 157ter(1) and (2) |
| Belgian residents: extra assimilation route | more than 50% of the household's professional income taxable in Luxembourg | current | ACD, Assimilation (Belgium treaty art. 24 § 4a) |
| Telework threshold, French residents | 34 days a year, prorated for part-time and part-year contracts | from 2023 | Circular L.G. – Conv. D.I. n° 61 of 24 June 2026 |
| Telework threshold, German residents | 34 days a year, not prorated; activity under 30 minutes in a place is ignored | from 2024 | Circular L.G. – Conv. D.I. n° 71 of 18 March 2024 |
| Telework threshold, Belgian residents | 34 days a year, not prorated (24 days before 2022) | from 2022 | ACD note, Belgium tolerance threshold |
| Social security: substantial activity in the residence state | 25% of working time | current | Guichet.lu, telework |
| Social security: telework framework agreement | telework from 25% to under 50% of working time, in the residence state only; A1 for up to 3 years | from 1 July 2023 | CCSS, Accord-cadre sur le télétravail |
| Impatriate exemption | 50% of total gross annual pay, applied to pay up to EUR 400,000 (so at most EUR 200,000 exempt); the part of pay above EUR 400,000 is fully taxable | from 2025 | LIR art. 115 no. 13b |
| Impatriate minimum fixed pay | EUR 75,000 gross a year | from 2025 | LIR art. 115 no. 13b, condition 4 |
| Impatriate duration | the year of starting work plus up to 8 following tax years | from 2025 | LIR art. 115 no. 13b |
| Withholding on dividends | 15% of gross; 17.65% of net if the payer bears it | current | LIR arts. 146 and 148; exemptions in lu-corporate-tax |
| Withholding on directors' fees (tantièmes) | 20% of gross; 25% of the net paid if the payer bears it | current | LIR art. 152, Title 2(3) |
| Withholding on non-resident artists and professional sportspeople | 10% of receipts; 11.11% if the payer bears it | current | LIR art. 152, Title 1(2) |
| Withholding on ordinary interest and royalties paid abroad | none under domestic law | current | LIR art. 146 (see lu-corporate-tax) |
| Late filing surcharge | up to 10% of the tax | current | ACD, prélèvements supplémentaires |
| Late payment interest | 0.6% a month | current | ACD, prélèvements supplémentaires |
General reference only. This skill is general tax reference material for AI-assisted work. It has not been reviewed for any person's facts. Do not rely on it to file, pay or take a tax position without review by a qualified professional in Luxembourg.
What matters for 2026:
This skill sets out who is taxed where and on what. For the tax computation (scale, tax credits, deductions) use luxembourg-income-tax. For wage withholding cards use luxembourg-payroll. For contribution rates use luxembourg-social-contributions. For company residence, the company exit charge and dividend withholding exemptions use lu-corporate-tax.
Resident individuals (art. 2 LIR). A person is a resident taxpayer if they have their fiscal domicile or their habitual stay in Luxembourg. Residents are taxed on worldwide income.
Non-resident individuals (arts. 2 and 156 LIR). A person with neither domicile nor habitual stay in Luxembourg is taxed only on Luxembourg-source income listed in art. 156. For most clients that means:
Part-year residents (art. 6(3)). Income of the resident period and of the non-resident period are taxed separately.
Frontier workers. Residents of France, Belgium or Germany who work for a Luxembourg employer. They are non-residents taxed in Luxembourg on pay for days worked in Luxembourg, plus days covered by the treaty threshold (see below).
Impatriates. Employees seconded to, or hired from abroad by, a Luxembourg company who become Luxembourg residents (art. 115 no. 13b).
Out of scope: companies (see lu-corporate-tax), cross-border VAT (luxembourg-vat-return), public-sector pay under art. 18 or 19 of the treaties beyond a mention, and inheritance tax.
| Item | Rate or amount | Year | Source |
|---|---|---|---|
| Residence by habitual stay | stay in Luxembourg of more than 6 months; liability then covers the first 6 months too | current | § 14(1) StAnpG, Legilux |
| Income tax scale | 0% up to EUR 13,230, then 8% rising to 42% above EUR 234,870 (23 bands); taxable income rounded down to a multiple of EUR 50 | 2025 and 2026 | LIR arts. 118 and 126 |
| Employment fund surcharge on income tax | 7%; 9% above adjusted taxable income of EUR 150,000 (classes 1 and 1a) or EUR 300,000 (class 2) | since 2013 | ACD, Fonds pour l'emploi |
| Tax class of a married non-resident | class 1, unless both spouses ask for the 157ter rate on the withholding card | current | LIR art. 157bis(2) and (3) |
| Minimum rate on a non-resident's Luxembourg income other than employment and pensions | 15% (7.5% on certain extraordinary income) | current | LIR arts. 157(5) and 157bis(6) |
| Option to be taxed like a resident | at least 90% of world income taxable in Luxembourg, or foreign net income under EUR 13,000; treaty-exempt pay for up to 50 working days counts as Luxembourg income | current | LIR art. 157ter(1) and (2) |
| Belgian residents: extra assimilation route | more than 50% of the household's professional income taxable in Luxembourg | current | ACD, Assimilation (Belgium treaty art. 24 § 4a) |
| Telework threshold, French residents | 34 days a year, prorated for part-time and part-year contracts | from 2023 | Circular L.G. – Conv. D.I. n° 61 of 24 June 2026 |
| Telework threshold, German residents | 34 days a year, not prorated; activity under 30 minutes in a place is ignored | from 2024 | Circular L.G. – Conv. D.I. n° 71 of 18 March 2024 |
| Telework threshold, Belgian residents | 34 days a year, not prorated (24 days before 2022) | from 2022 | ACD note, Belgium tolerance threshold |
| Social security: substantial activity in the residence state | 25% of working time | current | Guichet.lu, telework |
| Social security: telework framework agreement | telework from 25% to under 50% of working time, in the residence state only; A1 for up to 3 years | from 1 July 2023 | CCSS, Accord-cadre sur le télétravail |
| Impatriate exemption | 50% of total gross annual pay, applied to pay up to EUR 400,000 (so at most EUR 200,000 exempt); the part of pay above EUR 400,000 is fully taxable | from 2025 | LIR art. 115 no. 13b |
| Impatriate minimum fixed pay | EUR 75,000 gross a year | from 2025 | LIR art. 115 no. 13b, condition 4 |
| Impatriate duration | the year of starting work plus up to 8 following tax years | from 2025 | LIR art. 115 no. 13b |
| Withholding on dividends | 15% of gross; 17.65% of net if the payer bears it | current | LIR arts. 146 and 148; exemptions in lu-corporate-tax |
| Withholding on directors' fees (tantièmes) | 20% of gross; 25% of the net paid if the payer bears it | current | LIR art. 152, Title 2(3) |
| Withholding on non-resident artists and professional sportspeople | 10% of receipts; 11.11% if the payer bears it | current | LIR art. 152, Title 1(2) |
| Withholding on ordinary interest and royalties paid abroad | none under domestic law | current | LIR art. 146 (see lu-corporate-tax) |
| Late filing surcharge | up to 10% of the tax | current | ACD, prélèvements supplémentaires |
| Late payment interest | 0.6% a month | current | ACD, prélèvements supplémentaires |
Non-residents (arts. 156 to 157bis).
The 157ter option. A non-resident can ask to be taxed at the rate that would apply if they were resident and taxed on world income. The tax still falls only on the Luxembourg income; foreign income only sets the rate (exemption with progression). It is open if either:
For the 90% test, employment income that a treaty gives to another state counts as Luxembourg income, but only up to the pay for 50 working days (157ter(2)). This is what lets a frontier worker who passes the 34-day threshold still opt. Married couples are taxed jointly on the Luxembourg income (class 2) unless they ask for individual taxation by 31 December of the following year. For a married couple it is enough that one spouse meets the 90% test or the EUR 13,000 test. The request is made on page 3 of the Form 100 return ("Assimilation du non-résident au résident"). The person must prove foreign income with documents (157ter(4)). Choosing it brings a compulsory assessment (157ter(3)).
Frontier workers: which days are taxed where. The general treaty rule (art. 14 France and Germany, art. 15 Belgium) is that pay is taxed where the work is physically done. Each treaty adds a tolerance: if the worker works in the residence state and/or a third state for no more than 34 days in the year, all the pay stays taxable in Luxembourg.
Above the threshold. If the count goes over 34, the tolerance is lost from day one. The residence state taxes the pay for every day worked there (and, under the French circular, for days in a third state, unless the third state's treaty gives it the right). Luxembourg keeps the pay for days worked in Luxembourg. The split is by working days; the French circular splits a half-day in each country 50/50, and the German agreement splits by minutes where the data exists. Sick pay and maternity pay paid under social security law are taxed by the state that pays them, not under the employment article.
Impatriates (art. 115 no. 13b). 50% of total gross annual pay is exempt. Benefits in kind and cash benefits already exempt under other numbers of art. 115 are left out of the base. The exemption applies to pay up to EUR 400,000; pay above that gets no exemption. All conditions must be met:
The exemption runs for the assignment, up to the end of the eighth tax year after the year the person started work in Luxembourg. It stops as soon as a condition fails. The employer sends the ACD a list of beneficiaries by 31 January each year. A person on the pre-2025 regime stays on it unless they expressly choose the new version; that choice is irrevocable.
Leaving Luxembourg. Luxembourg has no exit tax on an individual's private assets. Two rules still reach a leaver:
For a company moving its seat abroad, see lu-corporate-tax (art. 172 and art. 38).
The ACD rules apply to individuals in the same way as to companies (ACD, prélèvements supplémentaires):
lu-corporate-tax); directors' fees 20%; non-resident artists and sportspeople 10%; no withholding on ordinary interest or royalties. For a non-resident individual, withholding on dividends is final unless the dividend belongs to a Luxembourg business (art. 157(3)). A treaty can cut the rate; the treaty rate table is on the ACD withholding page.Facts: a single French resident works full time for a Luxembourg company all year 2026. Salary EUR 70,000. She works 220 days: 180 in Luxembourg and 40 at home in France. No days in third states. Her only income is the salary.
luxembourg-payroll. The French return reports the 40 days' pay; France gives the relief under its own rules (outside this skill).name: French frontier worker, EUR 70,000, 180 Luxembourg days and 40 French days (2026)
inputs:
salary: 70000
days_total: 220
days_lu: 180
days_fr: 40
threshold_fr: 34
cap_157ter_days: 50
steps:
- days_over_threshold: max(days_fr - threshold_fr, 0)
- pay_taxed_in_lu: round(salary * days_lu / days_total, 2)
- pay_taxed_in_fr: round(salary * days_fr / days_total, 2)
- pay_counted_as_lu_for_157ter: pay_taxed_in_lu + round(salary * min(days_fr, cap_157ter_days) / days_total, 2)
- share_157ter: round(pay_counted_as_lu_for_157ter / salary, 4)
- share_of_time_in_france: round(days_fr / days_total, 4)
expected:
days_over_threshold: 6
pay_taxed_in_lu: 57272.73
pay_taxed_in_fr: 12727.27
pay_counted_as_lu_for_157ter: 70000.00
share_157ter: 1.0000
share_of_time_in_france: 0.1818
Edge cases: had she worked 30 days in France, all EUR 70,000 would stay taxable in Luxembourg. Had she started on 1 July, her threshold would be 17 days (34 x 6/12). A German resident with the same days would also lose the tolerance (34 days, not prorated), but a German part-year worker keeps the full 34 days.
Facts: an engineer living in Spain is hired directly by a Luxembourg company and starts work on 1 January 2026. Fixed gross pay EUR 150,000. He moves to Luxembourg, is single with no children (class 1), and meets all the conditions of art. 115 no. 13b (no Luxembourg tax or home within 150 km of the border in 2021 to 2025, deep specialisation, impatriates under 30% of staff).
The figures apply the scale to the taxable pay before employee social contributions, the expense lump sums and the tax credits. Those reduce the tax; take them from luxembourg-payroll and luxembourg-income-tax.
name: Impatriate, gross pay EUR 150,000, class 1, 2026 scale
inputs:
gross_pay: 150000
exemption_rate: 0.5
exemption_cap: 400000
surcharge_rate: 0.07
steps:
- exempt_part: min(gross_pay, exemption_cap) * exemption_rate
- taxable_pay: gross_pay - exempt_part
- tax_to_54090: 2205 * (0.08 + 0.09 + 0.10 + 0.11 + 0.12) + 2295 * (0.14 + 0.16 + 0.18 + 0.20 + 0.22 + 0.24 + 0.26 + 0.28 + 0.30 + 0.32 + 0.34 + 0.36 + 0.38)
- tax_scale: tax_to_54090 + (min(taxable_pay, 117450) - 54090) * 0.39
- surcharge: round(tax_scale * surcharge_rate, 2)
- total_tax: tax_scale + surcharge
- tax_scale_without_regime: tax_to_54090 + (117450 - 54090) * 0.39 + (min(gross_pay, 176160) - 117450) * 0.40
- total_without_regime: tax_scale_without_regime + round(tax_scale_without_regime * surcharge_rate, 2)
- saving: total_without_regime - total_tax
expected:
exempt_part: 75000
taxable_pay: 75000
tax_to_54090: 8859.60
tax_scale: 17014.50
surcharge: 1191.02
total_tax: 18205.52
tax_scale_without_regime: 46590.00
total_without_regime: 49851.30
saving: 31645.78
Not yet confirmed: the text of the France and Belgium treaties themselves (the skill relies on the ACD circulars and notes, and the Belgian note dates from March 2023; no later Belgian change was listed on the ACD treaty page); whether France and Luxembourg agreed new conditions from 2025 under art. 3 of the 2022 avenant (the June 2026 circular still applies 34 days and no new avenant is listed); the text of the telework framework agreement itself and whether it was renewed or changed (read through the CCSS page and the Belgian signatory list); the deferral of the art. 38 charge for individuals moving within the EEA (no instalment rule was found in the LIR text read).
Contributed by Ryan Duguid.
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