The Austrian Ministry of Finance released an updated version of
the Stamp Duty Guidelines, which should clarify certain
issues.
Austria imposes stamp duties on various transactions (such as
sureties, leases or assignments). Such stamp duties are calculated
as a percentage of the transaction amount (with no cap). Therefore,
the stamp duties levied can reach serious amounts. Nevertheless,
there is often the possibility to avoid stamp duties by using
certain avoidance strategies (e.g., signing and keeping
documents outside of Austria).
Ever since it came into force, the Austrian Stamp Duty Act
(Gebührengesetz) leaves a great deal of scope for
interpretation. This was the reason why the Austrian Ministry of
Finance initially published the Stamp Duty Guidelines
(Gebührenrichtlinien) in 2007. While they merely
reflect the views of the tax authorities and are not legally
binding, they are nevertheless very relevant in legal practice. Due
to numerous amendments of the
