The Austrian Tax Amendment Act 2024 has been published on 10 July 2024. The key changes of the Austrian Tax Amendment Act 2024 were already covered by our newsletter dated 8 May 2024 based on the draft. During the review process, the Austrian Tax Amendment Act 2024 was subject to the following amendment: Income Tax […]
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For the period June 2024 to December 2026 the application of Article 10 (dividends), Article 11 (interest) as well as Article 13 (gains from the alienation of property) of the double taxation agreement are suspended in both countries, resulting in a double taxation risk for Austria-Belarus transactions. For the period 1 June 2024 to 31 […]
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The VwGH (27/03/2024, Ro 2023/13/0018) has largely confirmed ruling of the tax court at first instance and confirmed that the current law conflicts with CJEU case law and EU primary law (see our newsletter), but has solved the technical aspects of the income attribution in such a “sister” tax group differently. Facts and circumstances A […]
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According to the Austrian Administrative Supreme Cout (“VwGH”) the Austrian tax group regime is full set of rules, which prevails as lex specialis over the general rule for the loss utilization. Therefore the concurrent application of the general final loss utilization rules for shares were rejected by the recent case law in case of non-EU/EEA […]
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On 3 May 2024, the Austrian Ministry of Finance (BMF) published a draft of the AbgÄG 2024 (Austrian Tax Amendment Act 2024; AbgÄG 2024). This draft includes, in particular, the following significant amendments: Income tax With the AbgÄG 2023, contributions of a partner into its partnership are treated two- sided for income tax purposes: Whilst […]
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The provision on cross-border workers has been adapted by the protocol of amendment to the DTA between Austria and Germany to enhance the tax framework for mobility of work close to border. Additionally, several provisions have been adjusted to the new OECD standards. New provision on cross-border workers The provision on cross-border workers is a […]
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On 6 July 2023, The Austrian National Council passed the Austrian Tax Amendment Act 2023 (AbgÄG 2023), including multiple reforms, some of which will be presented in more detail. New rules included in the Austrian Reorganisation Tax Act The Austrian Company Law Mobility Act will implement the EU Mobility Directive, providing for more flexibility on […]
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According to the European Commission, approximately 70% of retail investors waive claims for refunds and 30% of retail investors sell their foreign EU stocks due to complicated refund procedures for WHT. On 19 June 2023 the Commission has published a proposal for a Directive for simplifying withholding tax procedures on interest and dividends, which shall […]
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