Equal Tax Treatment for PACS Couples - Inclusion in Tax Class 2

Public petition n°3751

Petitioner: Babak Rabbanipour Esfahani

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Purpose of the petition

To reform the tax code so that couples in a validly registered PACS in Luxembourg are automatically assigned to tax class 2 upon request (or by default), just like married couples, provided they meet the same residence and income criteria. This will ensure tax equity, administrative efficiency, and better access to housing finance.

Reason for the petition

Currently, couples who have concluded a civil partnership (PACS) in Luxembourg remain taxed individually under tax class 1 or 1a throughout the fiscal year, despite often filing a joint tax return annually. This discrepancy leads to several socio-economic inefficiencies: • It imposes additional administrative work on the Luxembourg tax authorities (ACD) during annual reconciliation, as joint taxation must be recalculated and corrected retroactively. • It limits PACS couples' access to higher loan amounts from financial institutions, who assess borrowing capacity based on monthly net salary. Without class 2 treatment, net income appears lower than that of married couples, which can reduce eligibility for home loans or mortgages. • It creates inequality in treatment between married couples and PACS couples, despite both being recognized under Luxembourgish civil law (Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats). Given that Luxembourg's population is increasingly choosing civil partnerships over marriage - with over 1,300 new PACS contracts registered in 2022 alone according to STATEC - it is important that the tax system evolves to reflect modern social structures. Moreover, in many EU countries such as France and Belgium, PACS couples already benefit from similar tax advantages as married couples. Luxembourg's current model risks lagging behind in fair treatment of all family forms. Description of the Underlying Issues: 1. Inequity in Tax Classification: While both married and PACS couples can file jointly, only married couples automatically benefit from tax class 2 in monthly payroll taxation. PACS couples must wait until the end of the tax year to apply for a joint return, during which time they face a heavier monthly tax burden. 2. Financial Disadvantages in Housing Market: Monthly net salary directly impacts borrowing capacity. Couples taxed separately under class 1/1a are at a disadvantage when applying for loans or mortgages, especially as real estate prices in Luxembourg remain among the highest in Europe. According to Observatoire de l'Habitat, the average housing price per m² reached EUR8,323 in 2023. 3. Increased Administrative Load: The need to reassess taxation post-factum for thousands of PACS couples every year leads to inefficiency in tax administration, delaying reimbursements and overburdening the personnel at the ACD. 4. Legal Recognition without Fiscal Recognition: The Loi du 9 juillet 2004 recognizes the PACS as having legal effects similar to marriage in many respects. However, unequal tax treatment undermines this legal parity and indirectly discourages civil partnerships.

Signatures collection ongoing

The 5500 threshold represents the number of signatures required to give rise to a public debate.

Registered signatures

2 / 5 500

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Key information

Signature collection

Submission date

24/07/2025

Opening of the signature collection

18/09/2025

Additional information