Key Benefits:
92. Regulation of the Federal Minister of Finance for the implementation of the KESt discharge in respect of foreign interest rates as well as for the calculation of foreign withholding tax in the case of capital gains tax deduction in the case of foreign dividends (Foreign-KESt VO 2012)
For the implementation of agreements to avoid double taxation in the field of tax on income (double taxation agreements) as well as in accordance with § 48 of the Federal Tax Code, BGBl. N ° 194/1961, as amended, is hereby assigned:
§ 1. (1) In the case of foreign capital gains from securities which are subject to a right of claim, the tax deductions (§ 93 of the Income Tax Act 1988) shall be made irrespective of the determination of the double taxation agreements if: direct income application of the total amount of the domestic and foreign tax deduction under the tax rate provided for in Article 27a (1) of the Income Tax Act 1988.
(2) The deduction of capital gains tax on foreign capital gains within the meaning of § 27 (2) (1) (1) (1) (1) lit. a to c of the Income Tax Act 1988, which may be deducted for deduction (§ 95 para. 2 Z 1 lit. (b) fifth indent of the Income Tax Act 1988) a foreign withholding tax actually paid on the capital gains tax. However, the amount of the invoice may not exceed 15% of the capital gains.
§ 2. In the case of actual distributed and distributed income from an investment fund within the meaning of the Investment Fund Act or a real estate fund within the meaning of the Real Estate Investment Fund Act, § 1 para. 2 shall apply to the extent that: these foreign capital gains according to § 27 paragraph 2 Z 1 lit. a to c of the Income Tax Act 1988, or of such distributed or distributed income of another investment fund or real estate fund. Such income received from the Fund shall be distributed to the shareholders at the end of the Fund fiscal year, including the foreign withholding tax which is attributable to the Fund.
§ 3. A capital gains tax deductiation of capital gains as defined in § 27 (2) (1) (1) (1) (1) lit. a to c of the Income Tax Act 1988, the debtor of which does not have domiciliary or business management or domiciliary head office, is not subject to the following cases:
| 1. |
If the capital gains come from securities that are in a depot, if the depotine holder is a different in-or foreign credit institution and the capital gains are paid out to the depotin-holder. |
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| 2. |
Under the conditions of § 94 Z 5 EStG 1988. |
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§ 4. Insofar as federal laws are referred to in this Regulation, these are to be applied in their respectively applicable version.
§ 5. (1) This Regulation shall apply to capital gains which shall be applied after 31 March 2012. The Auslands-KESt VO 2003, BGBl. II No 393/2003, the latter is to be applied for the last time to the capital gains which are due before 1 April 2012, in so far as no contrary arrangement has been made in paragraph 2.
(2) On capital gains from receivables securities acquired prior to April 1, 2012 within the meaning of § 93 (3) (1) to (3) in the version before the 2011 Budgetbegleitgesetz, BGBl. I n ° 111/2010 (§ 124b Z 185 lit. c EStG 1988) is § 1 para. 1 of the Auslands-KESt VO 2003, BGBl. II No 393/2003.
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