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Austria: Court decisions on tax groups, loss recognition, VAT

Austria: Court decisions

The KPMG member firm in Austria has prepared summaries of the following court or administrative actions.

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  • The Austrian Federal Finance Court decided that a sub-subsidiary located in the European Union, and held by a foreign member of the corporate group, cannot become a member of the Austrian tax group. 
  • The Austrian Administrative Supreme Court decided that income of a group member must be reduced by (pre-group) tax loss carryforwards for purposes of calculating the foreign tax credit.
  • The Austrian Federal Finance Court denied recognition of final losses as qualifying as a tax-deductible expense if the participation in the subsidiary is sold at a loss.
  • The Ministry of Finance issued guidance to clarify the payroll tax calculation of a company car used by a managing director who holds at least 25% of the shares.
  • The Ministry of Finance issued new guidance for investment funds.
  • The Ministry of Finance announced a deadline of 15 August 2018 for “ultimate beneficial owner” registration.
  • Courts in Austria addressed the stamp duty tax implications of contracts for the rental of real estate.
  • The Austrian Federal Finance Court addressed the value added tax (VAT) treatment of the rental of immovable property in situations involving a merger.
  • The Ministry of Finance considered the real estate transfer tax implications when a holding company that has unified shares in a company owning real estate would also be consider to be the property owner for purposes of the transfer tax.
  • The Austrian Administrative Supreme Court issued a decision in a case concerning the timing of loss recognition and that a loss from the sale of real property by an individual can be recognized in the year when the receivable from the sale is deemed to be a bad debt.
  • The Austrian Administrative Supreme Court clarified that internal documents of the tax authorities are not subject to inspection by the taxpayer.
  • An income tax treaty between Austrian and Kosovo was signed. The treaty generally follows the OECD model convention.

 

Read a July / August 2018 report [PDF 337 KB] prepared by the KPMG member firm in Austria

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