Navigating Anticipated Enhanced Transfer Pricing Documentation Requirements for Banking Entities in Luxembourg

January 8, 20240

Luxembourg is set to introduce amendments to Transfer Pricing (TP) documentation requirements through the draft Bill of Law 8186. The proposed alterations, stand ready to bring forth an array of adjustments and additional documentation prerequisites that would modify Luxembourg’s General Tax Law which dates back to 1931. Although the Bill’s implementation schedule remains uncertain due to recent political shifts and consultations, prudently preparing for compliance becomes imperative, especially for entities within the banking sector. 


The crux of these anticipated amendments revolves around reinforced TP documentation necessities, placing greater emphasis on robust documentation to substantiate arm’s length remuneration for intercompany transactions. Principally aligned with the Organization for Economic Cooperation and Development (OECD) TP guidelines, the proposed requirements demand a Master file and/or Local file from Luxembourg tax resident entities falling within the Bill’s purview. 


Delving into the specifics, the Local file must encapsulate an entity’s overview, business activities, detailed analysis of intercompany transactions, and the determination of arm’s length compensation, among other facets. Conversely, the Master file needs to encompass multinational group activities, structural insights, value creation chains, intangible assets, financial information, TP policies, and pertinent arrangements, aligning with OECD standards. 


Entities falling under these mandates include Luxembourg tax residents classified as Constituent entities subject to country-by-country reporting obligations or those constituent entities meeting specified financial thresholds. 


While the Bill earmarks implementation for the tax year 2024, pending legislative procedures may alter application dates. However, alignment with OECD TP standards remains a constant guiding principle. Despite the Bill’s draft unsure timing status, prompt action proves prudent to mitigate potential complexities and operational disruptions. For banking entities in particular, several key points deserve attention to ensure proactive compliance. 


Most banking multinational groups typically possess TP documentation at the group level. However, disparities between local and international requirements necessitate updating existing documentation to meet Luxembourg’s new specifications. 

Meticulous attention should be paid to consolidating available TP documentation into a Local file format, ensuring completeness and relevance while bridging any informational gaps. 

Specific transaction types within banking are governed by TP policies rather than extensive analyses. Potential policy enhancements may need to be made in order to align fully with Local file analysis requirements. 

The anticipated Local file mandates comprehensive transaction breakdowns, demanding in-depth testing against TP policies—an arduous task given the volume of daily intercompany transactions in the banking sector. 


All in all, addressing these demands becomes pivotal, considering the magnitude of transactions, intricacies of financial data, and intensified scrutiny by local tax authorities and financial regulators. Ensuring robust documentation that support intercompany transactions well in advance affords room for mitigating potential risks. Timely compliance becomes especially critical, given the short turnaround times for providing TP documentation to tax authorities and the intricate nature of transactions in the banking sector.  

For further guidance and assistance in meeting these TP compliance obligations, feel free to reach out to any member of our qualified TPA-Global team: 


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