Domainers Meeting Paris 19th – 20th June ©EP Services SA Tax Department 06/2008 Luxembourg The most favourable tax regime for domain names

©EP Services SA Tax Department 06/2008 Luxs economic policy encourages electronic business. Number of Internet Services Providers are already in Lux. Luxs VAT rates are among the lowest in the whole EU. The new 21st December 2007 bill 5801 introduces a new article 50 bis into tax law related to revenues from qualified IP rights. Luxembourg

©EP Services SA Tax Department 06/2008 Copyrights on software (hire or sale). Patents (protecting technical innovations). Trademarks (protecting the name of a product or service). Design (protecting the exterior appearance of a product). Domain names (on the Internet). Qualifying IP rights

©EP Services SA Tax Department 06/2008 Income derived from the exploitation of IP rights. Capital gains arising from the alienation of IP rights. Taxpayer developing their own patents for the purpose of their activities. Eligible income

©EP Services SA Tax Department 06/2008 Fully taxable corporate entities resident in Lux. Permanent establishments of corporate entities founded in a EU Member. Taxpayer developing their own patents for the purpose of their activities. Eligible entities

©EP Services SA Tax Department 06/2008 The present normal corporate tax rate is 29,63%. Expected 25% as from 1st January Eligible income are 80% tax exempt. Eligible income are taxed at an average rate of about 6%. Expected 5% as from 1st January Tax regime

©EP Services SA Tax Department 06/2008 Eligible entities that acquire IP from a related company do not benefit from the 80% exemption. A company is considered as « related » to the eligible entity if this company owns directly or indirectly 10% of the share capital of the eligible company or vice versa. Restrictions to the principle of exemption

©EP Services SA Tax Department 06/2008 Expenses, Amortisation, Depreciation, must be integrated in the assets of the balance sheet of the company, if these costs have not been compensated by revenues during the same fiscal year. Amortisation

©EP Services SA Tax Department 06/2008 Sale Domain Names Ideal structure Existing Cy Director Management Fees (2) National or E.T. Shareholder or Nominee Buy New Management Cy National or E.T. Sell Parking revenues LicensingRoyalties Dividends (1) Shareholder or Nominee Domain names Management (1) Dividends taxed according to double taxation treaty (2) Max Director manag. fees taxed on a forfeit base of 20% in full tax discharge (EU Directive). Luxco SA Lux Ownership

©EP Services SA Tax Department 06/2008 Drafting your companys articles Company formation (Notary), Opening a bank account, Trustee shareholders Domiciliation (EP Services Sa is a PFS protection by art 41 law 4/5/93), Professional directors, Drafting of accounts and balance sheets, Tax and VAT returns, Furnished offices and logistic services Shelf companies Services provided by us

©EP Services SA Tax Department 06/2008 Flexibility in drawing up Articles of Incorporation, Rapide company formation, Compartimentalisation of shareholder and Cy assets, Registered and bearer shares, High degree of professional secrecy (PFS), Large number of bilateral dual taxation treaties, Ability to form subsidiaries in the EU and beyond, Trustee / nominee services, World leading reputation. Some of the key benefits provided by Luxembourg

©EP Services SA Tax Department 06/2008 You must take the best decision based on your personnal situation. For that Our team is here to give you more information. Mr Paul Keating, the famous layer specialised in domain names, is here at your disposal to help you to find the adequate solution for YOU. What to do now ?