Posts tagged with tax group

Austrian Supreme Administrative Court (VwGH) confirms: setting up a company group with an EU/EEA group parent (without an Austrian branch) is possible

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 […]

read more
FB twitter Linkedin

High court desicion: No final loss utilization for shares in case of a liquidation of non-EU/EEA tax group member

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 […]

read more
FB twitter Linkedin

Ordinance on the transfer of interest and EBITDA carryforwards during reorganisations published

An ordinance published on 2 June 2022 (“Zinsvortrags-ÜbergangsV”) provides the legal framework for the transfer of interest and EBITDA carryforwards to the receiving entity in the context of corporate reorganisations. Austrian interest limitation rule in a nutshell According to the Austrian interest limitation rule the deductibility of net interest expense for corporations is limited to 30% […]

read more
FB twitter Linkedin