Corporate Actions-Vo

Original Language Title: Kapitalmaßnahmen-VO

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322. Ordinance of the Federal Minister of Finance on KESt-Treatment of capital measures (capital measure-VO)

Due to § 27a (4) Z 3 EStG and § 93 Abs. 2 Z 2 EStG, BGBI. N ° 400/1988, is prescribed:

§ 1. Capital measures are understood to mean various civil and corporate transactions relating to securities. For tax purposes, a distinction must be made between tax-related capital measures (§ 2 to 7) and non-tax-related capital measures (§ 8) according to this Regulation.

Tax-related capital measures

§ 2. (1) Tax-related capital measures are:

1.

Measures to be taken

-

on the equity of a body and/or

-

on the denomination of securities

. This includes, in particular, changes in capital by increasing, lowering, issuing subscription rights to shares, share split and share pooling, as well as share exchange as a result of mergers.

2.

Mergers of investment funds according to § § 114 to 127 InvFG 2011.

3.

The supply of securities for redemption in the case of debt securities, which are inextricably linked with the right to demand, in place of repayment, a pre-determined number of securities (holders) or to be used (issuer).

(2) In the case of capital measures within the meaning of paragraph 1:

1.

The implementation of the implementation of iSd § 93 para. 2 Z 2 EStG is not available.

Except as a result of a capital reduction, or as a result of a liquidation, payments shall be excluded if the deductible is aware of it. Disbursements due to a capital reduction lead to a reduction of the corresponding acquisition costs (§ 4 para. 12 and § 15 para. 4 EStG 1988); in so far as they exceed the acquisition costs, income within the meaning of § 27 para. 3 EStG 1988. The same applies to liquidations.

2.

Securities entered in the course of a tax-related capital measure shall be used for the purposes of the capital gains tax deduction for the delimitation of old and new assets according to § 124b Z 185 lit. a EStG 1988 in place of the booked securities.

3.

The deductible may, in principle, rely on corresponding information from information systems and data providers recognised in the securities business. This shall not apply if information is available to the withdrawal obligation in advance, which leads to justified doubts as to the information provided by the said data providers.

§ 3. If, in the course of tax-related capital measures pursuant to Section 2 (1) (1) (1) (1), the exchange of securities occurs, the following shall apply only for the purposes of the capital gains tax deduction:

1.

The acquisition costs of the securities booked in the course of the exchange shall be transferred to the securities received for this purpose; this shall also apply to capital measures pursuant to § 2 (1) (2) (2).

2.

Lower cash payments received from taxable persons and payments made increase the acquisition costs of the securities that have been booked.

§ 4. If shares are entered into a securities deposit in the course of a capital increase from company funds, for the purposes of the capital gains tax deduction, the acquisition costs of the existing shares existing before the capital increase are to the existing and new shares. to split the shares booked.

§ 5. Subscription rights entered on a securities depot shall be set at zero for the purposes of the capital gains tax deduction. The purchase costs of the shares that provide the subscription rights remain unaffected.

§ 6. (1) If the nominal value of a share is reduced in the course of a share split and therefore the number of shares issued is increased, the previous acquisition costs shall be divided among the shares issued in the course of the share splits.

(2) If several shares are merged in the course of a share set-up (reverse split), the previous acquisition costs shall be divided among the listed shares.

§ 7. In the case of tax-related capital measures in accordance with § 2 (1) Z 3, the delivery of the securities does not constitute a swap. The acquisition costs of the issued debt securities shall be divided among the securities received for that purpose. Cash payments up to the amount of 10% of the total nominal amount of the securities received, which the taxable person receives for the purpose of rounding to whole pieces, shall reduce the cost of purchase of the securities booked.

Non-tax-related capital measures

§ 8. Capital measures which are not covered by § 2 constitute only processing or accounting processes on the depot or cause changes in the master data merely in an informative or administrative manner and are therefore incontedible in tax terms. This includes, in particular, the mere renewal of the instrument of securities, corporate statements, corporate and corporate meetings, nominal currency changes, public openings, certification statements, mere changes in the number of securities, and the number of securities.

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