Luxembourg companies’ share capital may be divided into different classes of shares that provide shareholders with different rights. Here, companies have a lot of flexibility as to what rights may be attached to each class of shares. Share classes may, for example, track the performance of specific investments.
On Jan. 27, the Luxembourg Administrative Tribunal ruled on the Luxembourg’s tax treatment of the redemption of a class of shares by a Luxembourg company.
The tribunal decided that the redemption is to be considered a sale of shares, not a dividend distribution. However, when the redemption price exceeds the fair market ...