Croatia: Treaty analysis: Croatia-Luxembourg DTA enters into force

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Croatia: Treaty analysis: Croatia-Luxembourg DTA enters into force

Jakovljevic

David Jakovljevic

Croatia and Luxembourg signed a treaty on the avoidance of double taxation (double tax agreement, DTA) on June 20 2014, which recently entered into force on January 13 2016.

The treaty applies to persons who are residents of one or both of the contracting states in regards to corporate income tax, personal income tax and any type of surtax in line with the general OECD guidelines.

According to the agreement, the profits of a company of one state are taxable only in that state unless the company maintains a permanent establishment (PE) in the other state.

In case a company resident in one state pays dividends to a resident of the other state, the withholding tax applicable cannot exceed:

  • 5% of the gross amount of dividends if the beneficial owner holds at least 10% of the capital of the company paying the dividends; or

  • 15% of the gross amount of the dividends if no such participation criteria is fulfilled.

In regards to interest withholding tax rates, taxation cannot exceed 10% of the gross amount paid. On the other hand, the withholding tax rate for royalties and copyrights cannot exceed 5% of the gross amount.

As far as income from employment wages and similar remuneration is concerned, such income derived by a resident of one state is taxable only in that state unless employment is exercised in the other state in duration exceeding 183 days within 12 months.

The treaty stipulates that double taxation will be avoided in Croatia by allowing a tax deduction in amount of the tax paid in Luxembourg. The double taxation in Luxembourg will be eliminated by exempting income or capital from Luxembourg tax if tax was paid in Croatia. This elimination is applicable to taxes subject to the treaty with the exception of withholding tax on dividends, interest, royalties and income of artists and sportsmen for which the tax deduction method will be applied.

The agreement will be effective as of January 1 2017.

David Jakovljevic (david.jakovljevic@eurofast.eu)

Eurofast Global Croatia

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

As the firm embarks on a major shakeup of its EMEA partnerships, some staff will be watching nervously
The buyout of Hucke and Associates continues Ryan’s streak of firm acquisitions; in other news, a UK appeal against VAT on private school fees was dismissed
Tax teams are responding to usual client demand in the region, albeit with increased working from home flexibility, local sources indicate
A 120-plus-day delay to refunds would cost taxpayers almost $3bn in additional interest, the Cato Institute warned; plus indirect tax updates from February
The Office for Budget Responsibility’s pessimistic pillar two forecast accompanied the UK chancellor’s muted Spring Statement, dubbed ‘as dull as possible’ by one adviser
Digital tax reform is dissolving the old ‘temporal buffer’, forcing systems, institutions, and professionals to adapt as real-time reporting reshapes governance, capability, and compliance
Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
The political optics of the US’s carve-out deal are poor, but as the Fair Tax Foundation’s Paul Monaghan writes, it preserves pillar two’s guiding ethos
The big four firm reportedly sent ‘threatening’ correspondence to Unity Advisory over its hiring of ex-PwC partners; plus tax recruitment news from the week
Gift this article