92. Regulation of the Minister of finance for the implementation of the capital gains tax relief in relation to interest rates abroad, as well as to the deduction of foreign withholding tax: withholding tax on foreign dividends (foreign capital gains tax VO 2012)
Prescribed for the implementation of agreements to avoid double taxation in the field of tax on income (tax treaty), as well as in accordance with section 48 which is federal tax code, Federal Law Gazette No. 194/1961, in the applicable version:
§ 1 (1) of foreign related domestic investment income from securities, representing a debt security, the is to make, when in direct application of the agreement, the total amount of the domestic and foreign tax trigger among the in article 27a, paragraph 1 of the income tax act drops 1988 provided tax rate the tax deduction (§ 93 of the income tax Act 1988) Notwithstanding the provision of double taxation agreements.
(2) in the case of the deduction of capital gains tax of foreign investment income within the meaning of § 27 para 2 subpara 1 lit. a to c of the income tax Act 1988 the obligated party to withdraw can (§ 95 para. 2 Z 1 lit. b fifth tick of the income tax Act 1988) credit for an actually paid foreign withholding tax on the capital gains tax. However, the credit amount may not exceed 15% capital gains.
§ 2. Actually distributed and deemed to be distributed income from an investment fund within the meaning of the investment funds act or a real estate fund within the meaning of the real estate investment Fund Act, § 1 para 2 takes to the extent that the application, as this comes from foreign investment income in accordance with section 27, paragraph 2 No. 1 lit. a consist to c of the income tax Act 1988 or such undistributed or deemed distributed earnings of other mutual funds or real estate funds. Such funds are received income which including the eligible foreign withholding tax to the shareholders at the end of the Fund business year to distribute.
§ 3. A withholding tax deduction of investment income within the meaning of § 27 para 2 subpara 1 lit. a to c of the income tax Act 1988, whose Schuldner has neither residence nor management or sitting at home, is omitted in the following cases: 1 if the capital gains come from securities, which are in a depot when the depositors is an another domestic or foreign credit institutions and the investment income on the depositors are paid.
2. under the conditions of § 94 Z 5 EStG 1988.
§ 4. As far as federal laws are referenced in this regulation, these are to apply in their up-to-date version.
5. (1) is this regulation to apply to investment income going to March 31, 2012. The foreign capital gains tax Regulation 2003, BGBl. II is no. 393/2003, apply last time on capital gains, which go to before April 1, 2012, as far as no opposite provision is made in paragraph 2.
(2) on investment income from bonds acquired before April 1, 2012 in the meaning of § 93 par. 3 Z 1 to 3 in the version before the budget bill 2011, Federal Law Gazette I no. 111/2010 (§ 185 124 b Z lit. c EStG 1988) is article 1, paragraph 1, of the foreign capital gains tax VO 2003, BGBl. II No. 393/2003, continue to apply.