322. Regulation of the Minister of finance regarding capital gains tax treatment of corporate actions (capital measures-VO)
On the basis of § 27a 4 Z 3 EStG and sec. 93 para. 2 Z 2 EStG, BGBI. No. 400/1988, is prescribed:
§ 1. Various civil and corporate operations, corporate actions be understood in connection with securities. For tax purposes is to distinguish (§ 2 to 7) and non tax-related capital measures (article 8) tax-relevant capital measures under this regulation.
Tax-related capital measures
Steuerrelevante capital measures § 2 (1) are:
1. actions - relating to the equity of a corporation and/or - the denomination of securities. These included in particular changes of the capital increase, reduction, issuance of subscription rights to shares, stock split and reverse stock split as well as the stock exchange as a result of mergers.
2. mergers by investment funds in accordance with paragraphs 114 to 127 InvFG 2011.
3. the delivery of securities to the repayment of debt securities, which inseparably the right is connected, the repayment to request a predetermined number of securities (owner) or to serve (issuer).
(2) within the meaning of paragraph 1 applies to corporate actions:
1. a settlement of the realization within the meaning § 93 par. 2 Z 2 EStG does not exist.
Payments due to a reduction in capital, or as a result of liquidation are excluded if the Abzugsverpflichtete of knowledge. Payments due to a reduction in capital lead to a reduction of the corresponding acquisition costs (§ 4 para. 12 and section 15 para 4 EStG 1988); to the extent that they exceed the cost, income within the meaning of article 27 par. 3 exist EStG 1988. The same applies to liquidations.
2. Securities booked a in the course of a tax-relevant measure of capital be 185 lit for purposes of withholding tax trigger to the distinction between old and new asset pursuant to § 124 b Z. ITA a 1988 in place of fully-booked securities.
3. the Abzugsverpflichtete should basically rely on appropriate information from information systems in the securities business and data providers. This does not apply if in advance details of the Abzugsverpflichteten, which lead to justified doubts as to the details of the referred data provider.
§ 3. occurs in the course of tax-relevant capital measures in accordance with article 2, paragraph 1 Z 1 to the exchange of securities, the following applies only for purposes of withholding tax trigger:
1. the cost of the securities booked in the course of the Exchange are to the securities it received; This also applies to capital measures in accordance with article 2, paragraph 1 Z 2.
2. the taxpayer receives cash payments lower and done co-payments increase the cost of registered securities.
§ 4. Shares in the course of a capital increase out of company funds on a custody account are entered, are to split the cost of the existing prior to the capital increase shares to the existing and newly registered shares for purposes of the withholding tax trigger.
§ 5. Subscription rights a booked on a securities account are to be for purposes of withholding tax trigger with a value of NULL. The acquisition cost of shares which convey the subscription rights, shall remain unaffected.
6. (1) the nominal value of a share is lowered in the wake of a stock split, and therefore the number of shares outstanding increased, the current cost on the shares issued in the course of the stock split to split.
(2) several shares will be merged in the course of a share consolidation (reverse split), are the current cost on the combined shares.
§ 7. Tax-relevant capital measures in accordance with article 2, paragraph 1, no. 3 no Exchange represents the delivery of the securities. The initial cost of the booked out notes are allocated to the securities it received. Bare co-payments up to a limit of 10% of the total principal amount of surviving securities received by the taxpayer for the purpose of rounding to whole pieces, lower the cost of registered securities.
Not tax-related capital measures
§ 8. Not covered by § 2 capital measures represent only abwicklungs - or book-keeping operations at the depot or do master data changes of merely informative or administrative nature and immaterial in tax. These include in particular the mere renewal of value paper certificate, company information, owner - and company meetings, nominal currency changes, audience openings, certification notes, mere paper identification number changes.