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By Emilien LEBAS and Valentine PLATEAU, KPMG Luxembourg*
On 26 March 2024, the Luxembourg administrative Tribunal issued a judgement (Tribunal administratif, 26 mars 2024, n°45910a) concerning a SOPARFI(1) taxpayer that had challenged the amount of minimum net wealth tax (NWT) it was liable for, sustaining that its legal basis was unconstitutional. This judgement results from the case that gave rise to the recent landmark decision rendered by the Constitutional Court on 10 November 2023 (Cour constitutionnelle, 10 novembre 2023, n° 185/23)(2)(3).
Summary of the case
In the case under review, the taxpayer challenged the tax assessment issued, according to which it was liable for the minimum NWT amounting to...
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