Luxembourg is the biggest and best known domicile for investment funds in Europe and the second most preferred location for investment funds globally after the US. The Luxembourg financial supervisory authority, the Commission de Surveillance du Secteur Financier (the CSSF) is one of the major regulators in Europe and recognised internationally.
SIFs are regulated and tax efficient multipurpose investment fund vehicles dedicated to all types of investments including plain vanilla, alternative, real estate and private equity investment strategies as well as innovative strategies in infrastructure, renewable energy, collectible assets, etc.
- Subject to the authorisation and supervision of the Luxembourg regulatory authority (CSSF)
- Broad range of eligible assets
- No borrowing limitations
- Risk spreading principle (30% threshold)
- Possibility to opt for a tax transparent form (for an FCP) or a corporate form depending on the investor's requirements
- Annual subscription tax of 0.01% of net assets. Certain investment may be exempted (e.g. Luxembourg fund of funds, microfinance funds, money market funds, etc.)
- No taxation on capital gains
- No capital duty applies on incorporation of the corporate form (except a registration duty of €75)
- No withholding tax upon distribution to investors unless EU Savings Directive applies
- Not subject to net worth tax
- Possibility for a corporate form to benefit from double tax treaties concluded between Luxembourg and other states
- VAT exemption on management services
- Lux GAAP and IFRS accepted, US GAAP subject to approval
- Listing possible
A Specialised Investment Fund (SIF) is formed either in contractual form and consequently as an Investment Fund represented by a Managing Company (fonds commun de placement, FCP) or in the form of a company, namely as an Investment Company whose capital is variable (SICAV) or fixed (SICAR).
If a SIF is formed as a company, it may be formed as a Public Limited Company (PLC., Corp./SA); a Limited Liability Company (LLC., Ltd./SARL); a Partnership Limited by Shares (SCA) or as Co-operative in the form of a Public Limited Company (SCOSA).