397th regulation of the financial market authority (FMA), modifies the profit sharing Regulation (GBVVU)
Due to § 18 para 4 of the insurance supervision Act - VAG, BGBl. No. 569/1978, as last amended by Federal Law Gazette I no. 184/2013, is prescribed:
The regulation of the financial market authority (FMA) on the profit-sharing in life insurance (employee profit sharing regulation - GBVVU), BGBl. II No 398/2006, as last amended by regulation BGBl. II No 88/2009, is amended as follows:
1 in section 3 para 2 No. 1 adds the phrase "except for the amounts attributable to the interest additional provision" after the phrase "or of investment-oriented life assurance".
2. in article 3 be inserted after paragraph 2 following paragraph 2a and 2b:
"(2a) are not taken into account in the calculation of section 1 as deductions expenses to an interest additional provision pursuant to article 3, the maximum interest rate regulation, Federal Law Gazette No. 70/1995, amended by regulation Federal Law Gazette II No. 396/2013." Do not consider adding back items are income from the reversal of the interest additional provision.
"(2B) as far as taxes on income and earnings (§ 81 para 5 Z IV. 11.)" VAG) on the allocation or release of interest supplementary provision accounts for, are these not to take into consideration in determining the basis of assessment referred to in paragraph 1."
3. the section 8 be attached following paragraph 5 and 6:
"(5) section 3 para 2 No. 1, par. 2a and 2B in the version of regulation BGBl. No. 397/2013 II are to apply for the first time to fiscal years ending after December 30, 2013."
(6) as far as expenses to the provision are 70/1995, in the version of regulation Federal Law Gazette II No. 354/2012 as deductions were taken into account, according to §3 of maximum rate regulation, Federal Law Gazette No. accordingly to take into account income from the reversal of a such provision as adding items to the basis of assessment within the meaning of § 18 para 4 VAG. The resolution has to be carried out each year at least 10 vH of qualified default to resolve are within ten years."
Ettl Kumpf Müller