Implementation Of The Common Reporting Standard Act (Gmsg-Dv)

Original Language Title: Durchführung des Gemeinsamen Meldestandard-Gesetzes (GMSG-DV)

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439. Ordinance of the Federal Minister of Finance for the implementation of the Common Reporting Standard Act (GMSG-DV)

Due to § 62 Z 3 and § 87 Z 8 of the Federal Act to implement the common reporting standard for the automatic exchange of information on financial accounts (Joint Reporting Standard-Law-GMSG, BGBl. I No 116/2015) shall be arranged:

§ 1. Without prejudice to cases already covered by Section 62 (1), (2), (4) or (5) GMSG, the following shall be exempt from the notification requirement:

1.

Company pension funds in the sense of the company employee and self-employment pension law-BMSVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 79/2015;

2.

the OeKB CSD GmbH;

3.

Capital investment companies for real estate in the sense of the Real Estate Investment Fund Act-ImmoInvFG, BGBl. I n ° 80/2003, as amended by the Federal Law BGBl. I No 115/2015;

4.

the Oesterreichische Entwicklungsbank AG;

5.

the Oesterreichische Kontrollbank Aktiengesellschaft;

6.

the "Österreichischer Exportfonds" GmbH;

7.

the Österreichische Hotel-und Tourismusbank Gesellschaft m.b.H.;

8.

the Österreichische Bundesfinanzierungsagentur GmbH (OeBFA) within the meaning of the Federal Finance Law, BGBl. No. 763/1992 in the version of the Federal Law BGBl. I No 46/2014;

9.

Pension funds in the sense of the Pensionskassengesetz-PKG, BGBl. No. 281/1990 in the version of the Federal Law BGBl. I n ° 68/2015, or the Law on the Establishment Plan-BPG, BGBl. No. 282/1990 in the version of the Federal Law BGBl. I No 34/2015;

10.

the Pfandbrief Bank (Austria) AG;

11.

Management companies within the meaning of the Investment Fund Act 2011-InvFG 2011, BGBl. I n ° 77/2011 in the version of the Federal Law BGBl. I No 117/2015;

12.

Residential building banks within the meaning of the Federal Act on Tax Special Measures for the Promotion of Housing, BGBl. No. 253/1993, as amended by the Federal Law BGBl. I n ° 162/2001, which do not accept any public deposits.

§ 2. Without prejudice to the cases already covered by § 87 Z 1 to 6 GMSG, the following shall be exempt from the notification requirement:

1.

Deposit and Jubilee Money Relocation Insurance;

2.

Funeral expenses insurance;

3.

Company collective insurance in the sense of § § 93 to 98 of the Insurance Supervisory Law 2016-VAG 2016, BGBl. I No I 34/2015 in the version of the Federal Law BGBl. I No 112/2015;

4.

Accounts of apartment owners ' communities and co-ownership communities in the sense of the Housing Property Act 2002-WEG 2002, BGBl. I n ° 70/2002 in the version of the Federal Law BGBl. I No 100/2014;

5.

Savings deposits within the meaning of Section 1 (1) of the Bausparkassengesetz-BSpG, BGBl. I n ° 532/1993 as amended by the Federal Law BGBl. I No 184/2013;

6.

Real estate funds within the meaning of § 1 paragraph 1 ImmoInvFG in the version of the Federal Law BGBl. I No 115/2015;

7.

Supplementary pension insurance in the sense of § 108b of the Income Tax Act 1988-EStG 1988, BGBl. I n ° 400/1988 in the version of the Federal Law BGBl. I No 118/2015;

8.

risk insurance in which the occurrence of the insurance is uncertain;

9.

Trust accounts (other accounts), the trustees of which are authorised party representatives (lawyers, notaries or business trustees), provided that it is a collective account which is subject to the law of the law, to which the authorized person is entitled Party representative shall be subject, appropriately set up, led and closed, or if the account of the custody of funds pursuant to § 1 iVm § 104 Notariatsordnung-NO, RGBl. No 75/1871 in the version of the Federal Law BGBl. I n ° 87/2015, or if the account is established in connection with one of the purposes specified in § 87 Z 5 GMSG. This excludes trustee accounts which are used to manage assets;

10.

Insurance in the context of the safeguarding of the future within the meaning of § 3 paragraph 1 Z 15 lit. a EStG 1988 in the version of the Federal Law BGBl. I No 118/2015;

11.

Insurance and pension investment funds in the context of future provision in the sense of § § 108g to 108i EStG 1988 in the version of the Federal Law BGBl. I No 118/2015.

§ 3. This Regulation shall enter into force 1. Jänner 2016 in force.

Schelling