Austria Tax News

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OECD Council approves 2008 Model Tax Convention

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Treaty between Chile and Austria – negotiations

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Treaty between Austria and Argentina terminated

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Protocol to treaty between Poland and Austria approved by Polish parliament

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Comments on draft contents of 2008 update to Model Tax Convention published

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ECJ: Advocate General finds Belgian rules on inclusion of dividends in taxable base followed by 95% deduction insofar as parent company makes profits incompatible with Parent-Subsidiary Directive – details

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ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment

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Treaty between Austria and Denmark – details

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ECJ: Netherlands refund regime for investment funds incompatible with EC free movement of capital

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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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European Commission takes steps against Bulgaria, Portugal, Romania and Spain concerning taxation of dividends

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Draft of 2008 Model Tax Convention – Proposed changes to Commentary to Art. 12 (definition of royalties)

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ECJ: Decision by reasoned order in UK CFC and foreign dividend test case

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Treaty between Turkey and Austria signed

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European Commission refers Netherlands to ECJ for not exempting dividends paid to companies established in certain EFTA countries from withholding tax

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ECJ: 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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ECJ: Advocate General finds German rules on taxation of cross-border dividends under old imputation system compatible with EC law

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Protocol to treaty between Poland and Austria signed

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European Commission takes steps against Germany, Estonia and Czech Republic regarding taxation of outbound dividends

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ECJ: Advocate General finds 5% add-back of tax credits for withholding tax abroad compatible with Parent-Subsidiary Directive – details

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European Commission takes steps against Belgium for failure to adopt implementing measures of Merger Directive

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Treaty between Denmark and Austria ratified

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ECJ: Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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European Commission issues communication regarding accession of Bulgaria and Romania to Arbitration Convention

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OECD released discussion draft on transactional profit methods

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ECJ: Advocate General finds the 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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Protocol to theaty with Austria enters into force

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Details of the first-time income and capital tax treaty between Austria and Saudi Arabia, signed on 18 March 2006, have become available. The treaty was concluded in the German, English and Arabian languages, each text having equal authenticity. In the case of divergence, however, the English text prevails. The treaty generally follows the OECD Model Convention.

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Treaty between Denmark and Austria – bill reintroduced

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Treaty between France and Australia submitted to French Parliament

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