Neue Steuerentlastung für Outbound-Dividenden an EWR-Körperschaften

Publication: Scientific journalJournal article


The tax amendment part of the recent Budget Accompaniment Act 2009 introduces the general possibility of a reclaim of Austrian dividend withholding tax for corporations resident in other EEA states. The new reclaim provision is the legislator's reaction to the ECJ's jurisprudence calling for a non-discriminatory tax relief of all outbound dividends paid to companies of other EEA states. It will, in the first place, benefit portfolio participations amounting to less than 10 % which have hitherto been excluded from source relief in Austria (apart from DTT). Interpreted in line with the EC freedoms, the relief is also applicable to major participations in Austrian companies not covered by the existent source tax relief of sec. 94a Income Tax Act under the Parent Subsidiary Directive. Walter Loukota scrutinizes the scope of the new reclaim provision and analyzes its compatibility with the EC
freedoms. He also shows implications of the new dividend relief for foreign trusts, investment funds, and pension funds resident in other EEA states. Finally, he also deals with the question whether with holding tax the dividend withholding reclaim needs to be extended to third country investors.
Original languageGerman (Austria)
Pages (from-to)432
JournalSWI - Steuer und Wirtschaft International
Issue number9
Publication statusPublished - 2009

Austrian Classification of Fields of Science and Technology (ÖFOS)

  • 505004 Financial law

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