ArticleRechtspanorama – Ein Ende der Vergleichsgebühr!Im aktuellen Rechtspanorama spricht RAK-Vizepräsidentin Bettina Knötzl über die österreichische Vergleichsgebühr...AustriaTaxKNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
ArticleRuling On Cross-Border Personnel Leasing PublishedUnder double tax treaties that follow the OECD Model Convention, the remuneration for posted employees may be taxed both in the state of residence and in the state in which the employment is exercised.AustriaTaxWolf Theiss
ArticleSuccessful Appeal Regarding Taxation Of Foreign Interest IncomeOn 26 February 2015, the Austrian Supreme Administrative Court decided in favor of an appeal filed by WOLF THEISS for a client who received tax exempt interest income from other countries.AustriaTaxWolf Theiss
ArticleEU-Wide System To Resolve Tax Disputes Between Member States Applies From 1 July 2019According to EU figures there are currently 2,000 tax disputes pending between Member States, and approximately 900 of them are over two years old. European UnionTaxSchoenherr (Schönherr Rechtsanwälte)
ArticleAn Apple A Day Keeps Taxation Away?The General Court (GC) of the European Union ruled in favour of Apple in the state aid case regarding Apple's Irish tax structure, annulling the 2016 decision of the European Commission (EC). AustriaTaxSchoenherr (Schönherr Rechtsanwälte)
ArticleAustrian Ministry Of Finance On The Tax Treatment Of A Transparent Entity Under Italian LawThe Austrian Ministry of Finance recently published guidance on the tax treatment of a participation in an Italian corporation that is deemed transparent from an Italian tax perspective.AustriaTaxWolf Theiss
ArticleCross-border Home Office Set Ups In Austria – Tax Traps And PE RiskRemote work is here to stay, and so are the legal and tax challenges it brings. More and more international employees work remotely from Austria, temporarily or long term.AustriaTaxGGI | Global Alliance
ArticleInterest Limitation Rule Of ATAD Not ImplementedAustria appears to have incorrectly applied a derogation in relation to the implementation of the interest limitation rule contained in the EU's Anti-Tax Avoidance Directive.AustriaTaxWolf Theiss
ArticleMinistry Of Finance Issues Guidance On The Alienation Of A Partnership Stake In A Trilateral SettingFrom an Austrian point of view, partnerships are deemed to be transparent vehicles, meaning that capital gains emanating from the alienation are to be attributed to the German partners. AustriaTaxWolf Theiss
ArticleRuling On Cross-Border Merger Involving An Austrian Real Estate CompanyThis so called real estate or immovable property clause has been included in several newer Austrian double tax treaties.AustriaTaxWolf Theiss
ArticleFirst Arbitration Procedure Under A Double Tax Treaty Decided By The ECJOn 12 September 2017, the European Court of Justice decided for the first time as an arbitral tribunal on a tax dispute between Austria and Germany (case C-648/15).European UnionTaxWolf Theiss
ArticleAustrian Supreme Administrative Court on the Utlilization of Foreign Losses in Tax Treates with the Exemption MethodAustriaTaxLeitner & Leitner
ArticleMinistry Of Finance Provides Guidance On Residence CertificatesThe Austrian Ministry of Finance recently summarized the cases where residence certificates issued on non-Austrian forms will be accepted. AustriaTaxWolf Theiss
ArticleMutual Agreement Regarding The Frontier Worker Clause With GermanyThe double taxation treaty concluded between Austria and Germany contains a special provision deviating from the OECD Model Convention on the tax treatment of remunerations for employees living and working across the border ...AustriaTaxWolf Theiss
ArticleAmended Treaty With The UK And New Treaty With KosovoOn 23 October 2018, an amended double taxation treaty between Austria and the United Kingdom was concluded. AustriaTaxWolf Theiss
ArticleAustrian Dividend Withholding Taxes Fully Refundable To Non-Resident Pension FundsIn a landmark decision, the Federal Fiscal Court of Austria (BFG 21. 11. 2019, RV/7102891/2012) has granted an application for a full refund of withholding tax on dividends paid to a Canadian ...AustriaTaxDLA Piper UK LLP
ArticleConstitutional Court Confirms Constitutionality Of Non-Deductibility Of Manager Remuneration Above EUR 500,000As of 1 March 2014, a restriction on the deductibility of manager remunerations for tax purposes exceeding EUR 500,000 per person and year was introduced in Austria. AustriaTaxSchoenherr (Schönherr Rechtsanwälte)
ArticleGuidance On Taxation Of Bitcoins And Other CryptocurrenciesRecently, the Ministry of Finance published guidance on the Austrian income and value added tax aspects of investing in the crypto space.AustriaTaxWolf Theiss
ArticleNew Legal Uncertainty On Treatment Of Interest Expenses Within Tax GroupsThe Federal Tax Court (Bundesfinanzgericht ) recently held that interest expenses incurred in connection with the acquisition of an affiliated company within a tax group are not tax-deductible.AustriaTaxWolf Theiss
ArticleWolf Theiss International Tax Newsletter Austria & CEEWe hope you enjoyed the holidays and are now curious to read the next issue of our International Tax Newsletter.WorldwideTaxWolf Theiss