397. Regulation of the Financial Market Supervisory Authority (FMA), which changes the profit-sharing regulation (GBVVU)

Pursuant to Section 18 (4) of the Insurance Supervision Act-VAG, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I No 184/2013, shall be arranged:

The Regulation of the Financial Market Supervisory Authority (FMA) on profit sharing in life insurance (profit sharing regulation-GBVVU), BGBl. II No 398/2006, as last amended by the BGBl Regulation. II No 88/2009, shall be amended as follows:

1. In Section 3 (2) (1) (1), after the word order "or the capital investment-oriented life insurance" the phrase "with the exception of the amounts to which the interest rate was added" inserted.

(2) In § 3, the following subsections (2a) and (2b) are inserted:

" (2a) In the calculation of paragraph 1 as deducting items not to be taken into account are expenses for the formation of an additional interest repayment pursuant to § 3 of the maximum interest rate ordinance, BGBl. No 70/1995, as amended by the BGBl Regulation. II No 396/2013. Income from the dissolution of the interest rate supplement shall not be taken into account in the form of an additional line item.

" (2b) Insofar as taxes on income and income (§ 81e paragraph 5 Z IV.11). (VAG) shall not be responsible for the doping or termination of the interest-rate supplementary provision, these shall not be taken into account in the determination of the basis of assessment in accordance with paragraph 1. "

3. The following paragraphs 5 and 6 are added to § 8:

" (5) § 3 (2) (2) (1), (2a) and (2b) in the version of the BGBl Regulation. II No 397/2013 shall be applied for the first time to financial years ending after 30 December 2013.

(6) Insofar as expenses to form the provision of the reserve pursuant to § 3 of the maximum interest rate regulation, BGBl. N ° 70/1995, as amended by the BGBl Regulation. II No 354/2012 as withdrawal items are therefore to be taken into consideration as income from the dissolution of such a provision as a transfer item to the tax base within the meaning of section 18 (4) of the VAG. The dissolution shall take place within ten years, whereby at least 10 vH of the provision formed shall be disbanded annually. "

Ettl Kumpfmüller