As from 1 January 2017, the Luxembourg Trade and Companies Register ("RCS") will charge additional fees for the late filing of annual and/or consolidated accounts. Companies whose financial year ends on 31 December and which have yet to file their 2015 annual accounts will incur a late filing fee of EUR 500 (per entity) if they file them in 2017.
Annual and consolidated accounts must be filed with the RCS within seven months from the close of the financial year. The regular filing fee is EUR 19. Under the new rules, a fee for late filing will be imposed:
- EUR 50 for a filing delay of 1 to 2 months;
- EUR 200 for a delay of 2 to 4 months; and
- EUR 500 for a delay of more than 4 months.
The late filing fee is applicable to the annual and consolidated accounts of companies (SA, Sà r.l., SCA, société coopérative and SE), partnerships (SNC and SCS), and economic interest groupings.
The new rules do not apply to pension savings associations and pension savings companies with variable capital and an optional deposit account, special limited partnerships (SCSp), non-profit associations and foundations, and agricultural associations.
The filing date is the date on which the accounts are actually transmitted to the RCS, more precisely the date of validation by the applicant, not the date of submission of a filing request.