Legal basis · Tax field audit

Luxembourg

Schätzung nach § 217 AO — taxation par voie d’estimation

Findings at a glance

  • Traceability of the calculation
  • Completeness of the data basis
  • Requirements for counter-evidence
  • Burden of proof and its reversal

exceeded · met

Traceability of the calculationexceeded

In so far as the tax office cannot determine or calculate the tax bases, it must estimate them. In doing so, all circumstances relevant to the estimate must be taken into account.

CitationAbgabenordnung (Luxemburg) § 217 · Loi générale des impôts vom 22.05.1931

What we provideEvery figure is traceable down to the individual document. The chain of calculation can be walked in both directions — from the result to the document and back.

Completeness of the data basisexceeded

The estimate draws on the information available, such as data from earlier years or other sources.

CitationAbgabenordnung (Luxemburg) § 217

What we provideA full census across all accounts, suppliers and product groups. No sampling is used; 100 per cent is the upper limit and cannot be exceeded by any method.

Requirements for counter-evidenceexceeded

Estimation applies in particular in so far as the taxpayer cannot give sufficient clarification of the statements in their return.

CitationAbgabenordnung (Luxemburg) § 217

What we provideA closed system: purchasing, production, masses, unit counts, sales channel and revenue support one another. A single incorrect figure shows up against the others.

Further information — 1 axes

Burden of proof and its reversalmet

A decision based on section 217 is subject to the formal requirements of sections 210b and 211.

CitationAbgabenordnung (Luxemburg) §§ 210b, 211

What we provideThe evidence is prepared so that the reversal of the burden remains traceable and the counter-evidence engages with the calculation, not with the objection.

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