Key Benefits:
65. Federal Act amending the Income Tax Act 1988, the EU withholding tax law and the Federal Tax Code
The National Council has decided:
Article 1
Amendment of the Income Tax Act 1988
The Income Tax Act 1988, BGBl. N ° 400/1988, as last amended by the Federal Law BGBl. I n ° 44/2008, is amended as follows:
1. In Section 37 (8), the following Z 6 is added:
| " 6. |
(a) the capital gains incurred in the course of the withdrawal from abroad, but not yet due, within the meaning of Z 3 to 5. In the event of a move to a State of the European Union or a State of the European Economic Area with which there is a comprehensive assistance and enforcement aid, the taxable person may, in the tax declaration, request that the due date be given to the The end of the calendar year of the time of the estimated actual inflow to be specified by the taxable person. Should these capital gains exceed the total capital gains actually inflowing, this constitutes a retroactive event within the meaning of Section 295a BAO. In this case, the capital gains actually received form the basis of assessment for the tax collection. |
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| b) |
The capital gains for which the capital gains tax has been reimbursed in accordance with Section 240 (2) of the Federal Tax Code. The taxable person may request in the tax declaration that the due date shall be fixed at the end of the calendar year of the time of the estimated actual inflow to be paid by the taxable person. Should these capital gains exceed the total capital gains actually inflowing, this constitutes a retroactive event within the meaning of Section 295a BAO. In this case, the capital gains actually received form the basis of assessment for the tax collection. |
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| c) |
The capital gains resulting from withdrawal from abroad, but not yet due at this point in time, within the meaning of Section 93 (3), for which no notification is made pursuant to Section 95 (4) (3) on the occasion of the withdrawal and the capital gains tax pursuant to Section 240 (3) of the The Federal Tax Code has been reimbursed in the year of the inflow of the capital gains. " |
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§ 95 shall be amended as follows:
(a) In paragraph 4 (3), the following sentence shall be replaced by the second sentence:
" The notification of the entry of circumstances which terminate or justify the withdrawal obligation (in particular a declaration of liberation or revocation), the notification of a certificate within the meaning of § 94 Z 5 last sentence, the removal from the depot or the Transfer to another depot, except for a domestic depot of the same taxable person at the same credit institution shall be considered a divestiment. "
(b) the following paragraph 7 is added:
" (7) A crediting of capital gains tax for capital gains within the meaning of Section 4 (3) shall be credited by the cupon-paying body (par. 4 (3)). 3 Z 2) shall be made in the following cases:
| 1. |
In the event of the acquisition of a security by an institution referred to in paragraph 3 (2) (2), first and second indent, of the protection and administration, provided that the latter is not a third-party custodian within the meaning of Section 3 of the Depository Act, and where the latter is not a third-party custodian. Capital gains shall be subject to a capital gains tax deductiation. In the case of depository transfers from a domestic depot to another domestic deposit of the same taxable person, a credit shall not be credited to the same credit institution. |
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| 2. |
In the event of notification of the entry of circumstances justifying the duty to be deducted. " |
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(3) In § 124b the following paragraphs are added:
| " 144. |
Section 95 (4) Z 3 in the version of the Federal Law BGBl. I n ° 65/2008 will enter into force 1. Jänner 1998 in force. Custody transfers within the meaning of Section 95 (4) Z 3 before the 1. Jänner 2008 shall not be deemed to be sold. |
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| 145. |
Section 95 (7) in the version of the Federal Law BGBl. I n ° 65/2008 will enter into force 1. Jänner 1998 in force. For depository transfers within the meaning of § 95 para. 4 Z 3 before the 1. Jänner 2008 does not accept a credit. " |
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Article 2
Amendment of the EU withholding tax law
The EU's Source Tax Law, BGBl. I n ° 33/2004, as last amended by the Federal Law BGBl. No 24/2007, is hereby amended as follows:
In Section 7 (2), the Zitization of the "Section 95 (6) of the Income Tax Act 1988" the citation of the "§ 95 (6) and (7) of the Income Tax Act 1988".
Article 3
Amendment of the Federal Tax Code
The Federal Tax Code, BGBl. No. 194/1961, as last amended by the Federal Law BGBl. N ° 99/2007, is hereby amended as follows:
In § 240, the paragraph 2 reads:
" (2) In the event of withdrawal of the debtor of the capital gains tax or transfer of the copper paying agency (Section 95 (3) Z 2, first and second part of the Income Tax Act 1988) into a State of the European Union or a State of the European Union The economic area with which there is a comprehensive assistance and enforcement aid is the capital gains tax, which is due to the withdrawal or transfer, of the income or corporation tax on the debtor of the debtor of the Tax authorities in charge of capital income tax to be reimbursed on request. "
Fischer
Gusenbauer
