PwC Austrian Tax News - Archive 2012

Issue 38, December 2012

  • UFS decision concerning the use of benchmarking studies when analysing transfer prices
  • Salzburg Tax Dialogue 2012
  • Austrian tax treaties – Sale of Austrian real estate companies
  • Supreme Court rulings regarding the refund of energy tax
  • Maintaining an equity account for tax evidence purposes for dividend distributions funded out of equity is not material for tax exemption purposes
  • Capital duty on grandparent contributions
  • Government bill on land register fee
  • Highlights of the “Salzburger Steuerdialog 2012 – VAT”

Issue 37, Oktober 2012

  • Buying agents in Austria – A PE risk?
  • An anonymous ruling from the Ministry of Finance has raised some confusion about the language requirements for Austrian transfer pricing documentation purposes
  • Dividends from a tax exempt Bahrain company – Exemption available?
  • Tax treaty update
  • Amendments to the Austrian VAT Act regarding the leasing of immovable property
  • Inherent Increase of Land Register Fee and Real Estate Transfer Tax
  • Austrian Tax Amendment Act 2012: Starting in 2013, VAT amounts on Austrian invoices will always have to be shown in euros
  • ECJ decision on the zero-rating for supplies to airlines operating for reward chiefly on international routes
  • Austrian tax authorities do not strictly apply economical employer concept – avoidance of exposure to double taxation of assignee’s salary compensation

Issue 36, August 2012

  • Substantial changes in tax information exchange between Austria and the EU
  • Tax law changes due to the Austrian Tax Amendment Act 2012
  • Amendments to the anti-avoidance provision in case of cross-border mergers
  • Inter-company share deals – Constitutional Court confirms restrictions on interest deductibility
  • Austrian tax group regime: “Sandwich” tax groups allowed by Austrian Ministry of Finance
  • Domestic income of a profitable foreign group member
  • Controversial decisions of the Independent Fiscal Senate regarding retroactive contributions
  • Cross-border tax treatment of carried interest
  • Liquidation of a German corporation's Austrian subsidiary
  • Refund of Austrian energy tax: exclusion of service provders as of February 2011
  • Austrian tax Facts and Figures

Issue 35, Juni 2012

  • Austrian Withholding Tax Ordinance (KESt-Erlass)
  • Speculation period for (indirectly) held real estate property
  • Withholding tax relief at source with respect to ongoing business relationships
  • Update on double tax treaties
  • Tax Treaty between Switzerland and Austria
  • What constitutes a permanent establishment?
  • Different tax treatment: Manager of a foreign PE vs. Austrian company’s managing director working in the foreign PE

Issue 34, April 2012

  • Stability Act 2012
  • ECJ – Preliminary ruling on the concept of valid commercial reasons
  • Current feedback from the tax authorities highlights the need for a careful legal structuring of M&A transactions
  • Update of the Administrative Guidelines to the Austrian Reorganisation Tax Act
  • The Austrian Independent Tax Court widens the definition of tax deductible interest in Austria
  • Joint use of premises and permanent establishments
  • Taxation of interest in German limited liability partnership with corporation as general partner
  • Austrian Tax Facts and Figures

Issue 33, Februar 2012

  • Exit Taxation: United Kingdom and Switzerland
  • Allocation of expenses to permanent establishments
  • Withholding tax relief – Latest from the Austrian Ministry of Finance
  • Real Estate Transfer Tax applicable to contributions in kind made to a corporation
  • Unconstitutional: Historically assessed value as tax base for the land register entry fee
  • Administrative VAT Guidelines: Amendment decree 2011
  • ECJ decision on capital duty for the absorption of losses
  • Austrian Tax Facts & Figures