Tax in Austria

Binder Grösswang

With 'a very skilled and able team', Binder Grösswang is 'a top player in Austria', which provides comprehensive tax advice to multinational clients and private businesses in relation to transactions, compliance issues, cross-border mergers, accounting work, tax audits and binding rulings matters. The team, under Christian Wimpissinger and Andreas Hable's leadership, also represents clients in tax litigation. Attorney-at-law Clemens Willvonseder has a wealth of experience in structuring international private equity and real estate investments.

Practice head(s):

Christian Wimpissinger; Andreas Hable

Testimonials

Binder Grösswang’s tax practice is not just a single tax expert with some support staff but a real dedicated team with longstanding experience in the field.

Their tax team combines corporate tax law and international tax law in a manner like normally only tax advisory firms (like the big four) do. Also, they are very hands-on and respond quickly and in a very clear way.

Binder Grösswang Rechtsanwälte GmbH is a top player in Austria and has very good diversified teams, which include the relevant and necessary legal scope of a company. All partners and associates have very good technical and vocational skills. They understand the corporate structure and put themselves excellently in senior management’s position, which helps a lot during the legal process.

Binder have a very skilled and able team. However, it has two other things which really make it standout: (a) they have a very good work ethic; and (b) they are very responsive and service orientated.

Very high-level tax advice, very deep and responsive team, Christian Wimpissinger is very easy to trust and his instructions are always clear.

Christian Wimpissinger is an excellent tax lawyer.

Christian Wimpissinger is extremely competent and user friendly at once: always available and responsive, and very concrete (responses go to the point and convey clear messages).

Christian Wimpissinger stands out as a true expert in the field, while being able to communicate extremely difficult tax questions in a way which is also understandable to non-lawyers, which is rarely found among tax experts.

Key clients

Europcar

DPE Deutsche Private Equity

AUVA (Government held insurance branch)

Deezer

IBM

Macquarie

Mubadala

Lenzing

Netz Burgenland

BNP Paribas

Renault Austria

ACAL Private Equity

Tomasz Gudzowaty

Segron

Work highlights

  • Advising DPE on the Austrian tax aspects of the acquisition of BE-terna Group.
  • Assisting IBM with tax considerations relating to group internal transactions.
  • Advising the owners of B2 electronics on the sale of shares to Omicron.

bpv Hügel

bpv Hügel is recognised for its high-profile domestic and international corporate tax advice, including handling the tax aspects of cross-border transactions. Gerald Schachner leads the team, which covers the full spectrum of sectors with particular strength in the energy, finance, retail, professional services and real estate industries; the group also acts for high-net-worth individuals on the relocation of tax residences. On the contentious front, Kornelia Wittmann represents clients in tax disputes against the Austrian tax authorities. Christoph Nauer also contributes to the practice. Walter Loukota departed to Deloitte in late 2018.

Practice head(s):

Gerald Schachner

Testimonials

They have a very smart, skilled  and sympathetic tax team. I don’t think that any other law firm has a such great tax team.

The tax team of bpv Huegel is excellent. They have 3 persons being dual qualified as lawyers and tax advisers. This is as far as I know unique in Austria. The lawyers are really good. The way they are internally organised is excellent and they always find the best solution for our firm.

We always go to bpv Hügel for complex tax matters. It is the firm to go to.’

Absolutely leading in Austria. I did some complicated tax work in the past with the tax team. They were responsive, experienced and paid high attention to the matters. The advice the team provided was extremely helpful and very practical. No theoretical memos. We received outstanding technical advice. For sure the first address in Austria for complicated high end tax matters. The department renders stand-alone tax advice and has a strong client base.

I appreciate the commercial approach, availability and excellent technical skills of the team. They walk the extra mile and pay attention to my matters. They really want to help you.’

The team provides outstanding M&A related tax work such as tax structuring, tax due diligence and negotiation of SPAs. The team always get to practical solutions and hold their deadlines. Excellent tax advice! Also an excellent reputation as regards tax litigation.

Schachner stands out because of his high skills, experience and the willingness to achieve best results. He gets really into the matter, but remains always practical. His experience as tax litigator helps a lot. He has a very strong and impressive client base which enables the tax department to permanently grow.

Kornelia Wittmann is a great tax lawyer. Works very hard and you feel that she wants to achieve the best results for you. She puts attention to the matters. In addition I always appreciate working with Gerald Schachner. He combines excellent tax and corporate knowledge. Does a lot of tax litigation and knows therefore what is acceptable to the authorities when he is structuring transactions. Where required he focuses on details. The advice I receive is always very helpful. Due to his experience he structures transactions in an exceptional good manner.

Key clients

IMMOFINANZ GROUP

AIG

Tokio Marine

Beazley

Raiffeisen Holding

BAWAG P.S.K.

Supernova

BUWOG

Ring International Holding

RZB (Raiffeisen Zentralbank AG)

BP Plc and BP Europe SE

OMV Aktiengesellschaft

RWA Raiffeisen Ware Austria AG

Work highlights

  • Advised the shareholders of a multinational enterprise operating in the healthcare business on the tax structuring of the reorganisation of the entire group.
  • Advised a multinational manufacturer of cosmetics and beauty products which, following a tax audit, faced an assessment of €16m of additional taxes, which would have led to the client’s insolvency.
  • Advised Immofinanz on the sale of its 26% stake in CA Immobilien Anlagen to Starwood Capital in a structured bidding process for €760m.

Cerha Hempel

Cerha Hempel tax practice benefits from its integrated approach to advising clients and combines expertise in corporate tax and international tax law with knowledge of reorganisations, real estate transfer tax law, fiscal criminal law and litigation, wage taxes and duties, taxation of funds and transfer taxes. Johannes Prinz and Benjamin Twardosz jointly lead the practice.

Practice head(s):

Johannes Prinz; Benjamin Twardosz

Testimonials

Benjamin Twardosz – holistic assessment of clients needs, ability to comprehend complex material, ability to think out of the box and fast response time.

Key clients

Klabin S.A. / Klabin Austria GmbH

Suzano S.A. / Suzano Austria GmbH

Fibria Celulose S.A. / Fibria International Trade GmbH

Raiffeisenlandesbank Niederösterreich-Wien AG/  Raiffeisen-Holding Niederösterreich-Wien

S IMMO AG

Sete Brasil

AVX Corporation / A.B. Mikroelektronik GmbH

Credit Suisse

William Hill

Concorde Card Casinos

ESIM Chemicals

Companhia Nitro Química Brasileira

Aéroports de Paris

Ground Truth Solutions

HP IT-Solutions

Commerzbank

OMV AG

Best Solutions EOOD

Ban Ki-moon Centre for Global Citizenship

Wien Energie

Alstom

SPAR Österreichische Warenhandels AG

Windkraft Simonsfeld AG

Erste Bank Immorent

Reliantco Investments Ltd.

Investindustrial VI L.P.

IMMOFINANZ AG

Work highlights

  • Providing restructuring advice to an insolvent Brazilian energy group with holding companies in Austria.
  • Advising an ultra-high-net-worth individual on a possible change of residence to Austria.
  • Advising one of the major Austrian wind energy producers and suppliers on various tax issues regarding wind turbines.

Freshfields Bruckhaus Deringer

Aigner Buzanich Rechtsanwälte

Specialist tax law firm Aigner Buzanich Rechtsanwälte covers the full gambit of tax matters including corporate tax planning issues, M&A taxation, finance tax matters, tax restructuring work, transfer taxes, criminal tax law and mandates relating to VAT and other indirect taxes. Name partners Herbert Buzanich and Hans-Jörgen Aigner are the key contacts; their clients range from global and local companies to owners of privately held businesses.

Practice head(s):

Herbert Buzanich; Hans-Jörgen Aigner

Key clients

Bruker Corporation

Studienkreis GmbH

Consortium of creditors (debt funds)

Brazilian group in the pulp and paper industry

Global asset manager

Work highlights

  • Providing tax due diligence and tax advice to Bruker relating to the acquisition of Alicona Imaging, a leading provider of optical-based meteorology products based in Austria.
  • Provided Austrian tax due diligence and tax advice to German Studienkreis, a leading provider of tutoring services in Germany, relating to the acquisition of Lernquadrat, a leading provider of tutoring services in Austria.
  • Acting for a university professor from the US in tax litigation before the Austrian Constitutional Court regarding tax holidays for non-Austrian researchers moving to Austria.

Schindler Attorneys

Schindler Attorneys focuses its tax practice on providing advice on the tax aspects of M&A transactions including national and cross-border intra-group reorganisations and handles international tax structuring issues for private equity funds and large corporations from Europe and the Americas. Other areas of activity include tax advice for start-up investments, tax litigation and fiscal crime matters, VAT work, pricing issues and private client tax advice. Clemens Schindler and Lars Gläser jointly lead the practice, which also includes counsel Edith Ludwig.

Practice head(s):

Clemens Schindler; Lars Gläser

Testimonials

Following points are essential to make the team unique: sharing goals; sharing values of cooperation; close communication for reporting, contacting and consultation; demonstrate leadership.

Key clients

Acer Europe

ACTS Group

AIG (listed)

Americá Móvil (listed)

Ardian

Ares

Aston Martin

Banque PSA

BC Partners

BTG Pactual

Daifuku (listed)

Deutsche Private Equity (DPE)

Frey Group

Elvaston

Esim Chemicals

Etesco

Galvao

Hexagon

Iochpe Maxion (listed)

J&F (listed)

Konica Minolta (listed)

KSG Leiterplatten

Kühne+Nagel (listed)

OAS Group

QGEP (listed)

SNAM S.p.A. (listed)

Sotreq

Suzano Papel (listed)

TÜV Süd AG

Work highlights

  • Representing Acer in tax litigation and an audit regarding the Austrian implementation of the EU VAT Directive.
  • Advising Ardian and Management of ESIM on a follow-up transaction regarding management equity programs (MEP).
  • Advising Elvaston on the acquisition of Infoniqua Group from Cornerstone and the management.

Wolf Theiss Rechtsanwalte GmbH & CoKG

Wolf Theiss Rechtsanwalte GmbH & CoKG handles corporate tax work including M&A-related issues and corporate restructurings, in particular domestic and cross-border mergers and demergers. Other areas of proficiency include providing tax planning advice to private clients, advising on real estate tax mandates including minimising real estate transfer taxes, and assisting financial institutions with financial products. Practice head Niklas Schmidt has notable expertise in cryptocurrencies and the taxation of cryptocurrencies. Counsel Eva Stadler is a key name for international tax law.

Practice head(s):

Niklas Schmidt

Testimonials

Professionalism, technical know-how and up to date, responsive and great follow-up.

Definitely number one tax practice in Austria.  Excellent technical skills and great quality of work.

Profound experience in international tax structuring, in particular for Real Estate transactions.

Niklas Schmidt is an excellent lawyer but Eva Stadler stands out – she should be on the partner level next year.

Melanie Dimitrov – good cross border knowledge Germany/Austria.

Key clients

Takeda Group

DDM Group AG

Tricentis GmbH

Hemisphere International Properties B.V.

Erste Group Bank AG

Volksbank Wien AG

Work highlights

  • Advising Takeda Group on the tax structuring of its acquisition of plasma donation centres, Plasmapunkt Favoriten and Plasmapunkt Donaustadt.
  • Advising DDM Group and B2Holding on the stamp duty aspects of its purchase of a portfolio of distressed assets.
  • Advising on the tax structuring of the merger of Tricentis with QASymphony.

DLA Piper Weiss-Tessbach

At DLA Piper Weiss-Tessbach, planning and transactional law as well as tax disputes and tax criminal law are core strengths of the department; the group also has notable expertise in matters in the Russian and CEE markets assisting high-net-worth individuals and leading business men. Dimitar Hristov heads up the practice, which fields multiple tax lawyers who are also admitted as tax consultants.

Practice head(s):

Dimitar Hristov

Testimonials

They seek for an individual solution rather than propose a ready product.

They are always available, ready to answer your call and give the comfort that your matter is dealt by them.

Key clients

Abry Partners II LLP

Zoetis Inc

Work highlights

  • Providing transactional advice to US private equity firm Abry Partners on the Austrian part of the international sale of Basefarm Holding, a major European player in cloud-based infrastructure and services, to Orange.
  • Providing transactional tax advice to Zoetis, a market leader for animal health products, on the acquisition of the Upper Austrian agricultural tech company Smartbow.

DORDA Rechtsanwälte GmbH

Paul Doralt, who is dual qualified as attorney and certified tax adviser, leads DORDA Rechtsanwaelte GmbH's tax department, which handles corporate cross-border tax matters and assists corporate as well as private clients with tax audits; the group also has a particular focus on the energy sector. The team further benefits from referrals from leading international law firms and banks.

Practice head(s):

Paul Doralt

Testimonials

Paul Doralt has a deep knowledge related to Austrian tax law and the interaction with international tax law, especially Brazilian tax law. He is a very skilled negotiator with tax authorities.

Key clients

AIRBNB

BANCO SANTANDER

Ocyan Oil & Gas

BIG

CELLULOSE ELDORADO

ELEVA BEVERAGE HOLDING

EXETER PROPERTY

FABER CASTELL

JBS Invest

Work highlights

  • Acted for Odebrecht Oil & Gas on the tax audit of all its Austrian project companies.
  • Advised BIG on complex tax accounting issues in the context of a retroactive change of financial statements and tax returns caused by a revaluation of certain buildings.
  • Advised Cellulose Eldorado on the Austrian tax audit of its Austrian pulp trading company.

ALTHUBER SPORNBERGER & PARTNER Rechtsanwälte

ALTHUBER SPORNBERGER & PARTNER Rechtsanwälte's expertise includes tax disputes and tax audits, tax criminal law and tax risk management for small, medium-sized and large companies as well as private individuals. Name partners Franz Althuber and Martin Spornberger are the key contacts, who appear before revenue and customs offices, the Federal Tax Court as well as the Supreme Court.

Practice head(s):

Franz Althuber; Martin Spornberger

Key clients

McDonalds

Saudi Telecom

Flughafen Wien AG (Vienna Airport)

EVVA

EQI Malta

Waterline Capital

UniCredit

TMF Austria

Work highlights

  • Representing McDonald’s Austria in a tax dispute before the Austrian authorities and the Federal Tax Court.
  • Advised Waterline Capital and various subsidiaries and group companies on an Austrian WHT refund.
  • Acted for GVS in tax proceedings before the Austrian Federal Tax Court regarding the VAT consequences of gold and silver imports from Germany to Austria.

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG's tax practice is recognised for the close cooperation between the tax and criminal law teams in fiscal criminal matters, dealing with voluntary disclosures, VAT work and customs compliance. The group also continues to be a key name for tax advice on international corporate restructurings and reorganisations as well as transfer pricing issues and wealth management mandates. Christoph Urtz leads the department.

Practice head(s):

Christoph Urtz

Key clients

Felix Baumgartner

Klaus Flügel, Flügel and Klement corporation

RHI Magnesita

Tupperware Österreich GesmbH

Work highlights

  • Providing tax advice on a post-M&A integration to Telecom Corporation.
  • Acting for a European car producer on the tax elements of real estate transactions.
  • Representing an international retailer in a complaint before the Austrian Constitutional Court regarding group taxation for foreign subsidiaries.

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH is particularly active in the banking sector, acting for private banks and private clients and foundations on global withholding tax refunds. Other areas of expertise include fiscal criminal law, tax structurings, tax due diligence and compliance issues. The department, under the leadership of Sibylle Novak, is also increasingly advising investment funds on the structuring of Luxembourg funds which invest in Austria.

Practice head(s):

Sibylle Novak

Testimonials

The cooperation with the team referring to our completed project was very efficient. Especially they have short information lines. For instance if one employee is on holiday, you get another contact partner, who is indeed well informed about the case. And I especially would like to point out the friendly tone of the team.

Sibylle Novak carried out every aspect of her work to the highest possible standard. She answers her emails very quickly with a high level of expertise. Her suggestions were based on prior consideration of all possible situations and outcomes, making her solutions highly successful in practice. Our tax consulting company is looking forward to further projects with CMS Reich-Rohrwig Hainz and Mrs Novak.

Sybille Novak is on the forefront to think about imminent tax regulations which might affect our business in the future.

Key clients

Management Team of Frauscher Group

NTT Communications

Yokogawa Electric Corporation

Optimapharm

euNetworks Group Limited

Work highlights

  • Advising the management shareholders of Frauscher Sensor Technology Group on the exit from Delachaux of France.
  • Advising a major Japanese IT provider and the largest telecoms company in Japan on the company’s restructuring in Switzerland, Austria and Germany.
  • Advising Yokogawa Electric Corporation, a Japanese electrical engineering and software company, on a company restructuring in CEE, Austria, Czech Republic and Hungary.

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)'s growing tax practice is characterised by its close cooperation with the corporate and M&A, employment, real estate, banking, finance and capital markets departments, enabling it to provide new tax structures for wider transactions. The group, which is active in Austria and throughout the CEE region and led by Roman Perner, also represents clients before the Austrian courts and authorities in tax proceedings as well as criminal tax cases.

Practice head(s):

Roman Perner

Testimonials

Strength – advice on national and international tax law, especially restructurings including real estate and transfer pricing work.

The team works in a very efficient and pragmatic way. No matter how complicated the tax issues are we can expect an accurate and understandable answer and solution. The department is always available and gives outstanding advice in international and national tax law.’

Maja Petrovic supported us especially in real estate transfer and property taxes. We were extremely happy with her advice and work done. Her availability was very good and we could always contact her.’

‘Although the whole tax team is outstanding I have great respect for Maja Petrovic who joined the tax team only this year. She supported us especially  regarding transactional pricing and transfer pricing. Ms. Petrovic is able to understand the needs of her clients perfectly well and provide them with an exact answer and of course a solution. Her advice has never raised any doubts and in case we had some more questions we could always contact her and got an understandable answer within our deadline. We could not be happier to work with such an outstanding and promising new lawyer.

Marco Thorbauer – young, professional and social skills.

Key clients

Advent International

AddLife AB

IAC Applications

Deka Immobilien

Tele2 AB

Speedinvest

Raiffeisen Bank International

Salesianer Miettex

Bosch Group

Bramac Dachsysteme International GmbH

UNIQA AG

Volksbank Wien

VoooP GmbH

Vienna International Business School

Work highlights

  • Advised Advent on the $3.3bn acquisition of GE’s distributed power business (primarily consisting of engines and manufacturing sites) in Austria and Hungary.
  • Advised AddLife on the €39m acquisition of the Austrian life sciences company Biomedica Medizinprodukte, which included complex tax components including exit strategies for former shareholders and key employees.
  • Advised a client on a cross-border tax structuring, and also provided comprehensive corporate advice.

Taylor Wessing enwc Rechtsanwälte GmbH

Taylor Wessing enwc Rechtsanwälte GmbH handles novel tax structures for transactions and provides support to other practices, leading to close cooperation between the tax, corporate, M&A, banking, finance, capital markets and real estate teams to assist clients with multi-jurisdictional matters. Michaela Petritz-Klar leads the practice group.

Practice head(s):

Michaela Petritz-Klar

Testimonials

The tax advice they deliver to us is the type of advice we need. In the field of tax we receive expert advice which is understandable to us (important when we are in the lead of handling the transaction), which is pragmatic for the precise type of transaction and which is delivered on short notice (as those questions often arise – at one point or the other – as an ancillary matter to the transaction as such).

Michaela Petritz-Klar’s approach is pragmatic, transaction-oriented, focused on what is needed – all while being well founded (with the legal analysis being  explained to me more in substance where needed).

Key clients

Acuva Privatstiftung

OHB SE

Work highlights

  • Advising OHB, Germany’s first listed space and technology company, on the acquisition of 100% of the shares in TeleConsult Austria including the tax aspects, particularly relating to existing tax loss carry forwards.
  • Advising Acuva Privatstiftung on the sale of its entire participation in Anovis IT-Services and Trading to Cymbiq Group including establishing a tax-optimised structure for the share sale.