28.05.2024

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 […]

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24.11.2022

Austrian Tax Court (BFG) on liquidation of a foreign member of a tax group – Use of final losses restricted

For the first time, in its decision of 7 October 2022, RV/7101680/2022, an Austrian Tax Court had the opportunity to look into the relation between section 9 para. 6 subsec. 7 Austrian Corporate Income Tax Act (KStG) (reduction of subsequent taxation in the event of liquidation) and section 10 para. 3 KStG (assertion of partial […]

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