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Austria: Draft bill, transposing Anti-Tax Avoidance Directive (ATAD) into law

Austria: Draft bill, transposing ATAD into law

A draft of an annual tax amendment law for 2018 (Jahressteuergesetz 2018) includes measures that would transpose the EU Anti-Tax Avoidance Directive (ATAD) into Austrian domestic tax law. The draft bill also includes measures concerning the introduction of controlled foreign company (CFC) rules.


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The draft bill reflects what have been described as minor changes from a Ministerial Draft.


Read a June 2018 report [PDF 325 KB] prepared by the KPMG member firm in Austria


Other topics described in the report concern:

  • An update on a Protocol to the income tax treaty between Austria and Russia
  • A court decision on a requirement to apply the group tax regime when there are purchases of shares with retroactive effect for legal purposes
  • An update to the income tax guidelines by the Ministry of Finance
  • A draft amendment to the Austrian reorganization tax guidelines
  • A decision of the Austrian Supreme Court on the tax treatment of non-deductible loss compensation of loss-generating participations
  • Amendments to the “ultimate beneficial owner registry” rules
  • A decision of the Supreme Court that taxpayers are entitled to interest on a favorable appeal 
  • Decisions of the courts addressing hobby-related losses for tax purposes

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