Amendment Of The Income Tax Act 1988, The Eu Withholding Tax Act And Of The Federal Tax Code

Original Language Title: Änderung des Einkommensteuergesetzes 1988, des EU-Quellensteuergesetzes und der Bundesabgabenordnung

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65. Federal law that amends the income tax Act 1988, the EU withholding tax Act and the federal tax code

The National Council has decided:

Article 1

Amendment to the income tax Act 1988

The income tax Act 1988, Federal Law Gazette No. 400/1988, as last amended by the Federal Act Federal Law Gazette I no. 44/2008 is amended as follows:

1. in article 37, paragraph 8, 6 is attached following Z:



"(6. a) incurred in moving abroad, but not yet due investment income within the meaning of the Z 3 to 5." When moving in a State of the European Union or a State of the European economic area, which is a comprehensive administrative and judicial assistance, the taxpayer in the tax return may request that the due date for the end of the calendar year of to be by the taxpayer when of the expected actual inflow is set. If these capital gains exceed the total actually flowing to investment income, this represents a retrospective event within the meaning of section 295a of the BAO. In this case the actual inflow of investment income form the basis of assessment for the tax collection.

(b) the capital gains, for which the withholding tax in accordance with section 240, paragraph 2, of the federal tax code is been refunded. In the tax return, the taxpayer can request that the due date for the end of the calendar year of to be by the taxpayer when of the expected actual inflow is set. If these capital gains exceed the total actually flowing to investment income, this represents a retrospective event within the meaning of section 295a of the BAO. In this case the actual inflow of investment income form the basis of assessment for the tax collection.

(c) incurred in moving abroad, but not yet due at this time investment income within the meaning of § 93 par. 3, for on the occasion of the emigration if not reporting pursuant to § 95 para 4 No. 3 and the capital gains tax in accordance with section 240, paragraph 3, of the federal tax code is been refunded in the year of the inflow of investment income."

2. section 95 is amended as follows:

(a) in paragraph 4 the following sentence takes the place of the second movement no. 3:



"The message of the occurrence of circumstances, stop the deduction required or justify (in particular exemption statement or notice of withdrawal), the delivery of a notice within the meaning of § 94 last set, the removal from the depot, or transfer to a different repository, except on a Home Depot of the same taxable persons with the same credit institution is considered Z 5 sale."



(b) the following paragraph 7 is added:



"(7) a credit of capital gains tax for investment income within the meaning of para 4 No. 3 has through the coupon auszahlende (para 3 No. 2) to be carried out in the following cases:"



1. in the acquisition of a security by one in para 3 Z called 2 first and second tick institution for the custody and administration, unless there is custody law this to a third-party custodian within the meaning of § 3, and if the investment income to make a withholding tax deduction. A credit is not to deposit transfers from a domestic depot on an another Home Depot of the same taxable persons with the same credit institution.

2. when notification of the occurrence of circumstances giving rise to the obligation to print."

3. § 124b shall be added the following sections:



"144. section 95 para 4 No. 3 as amended by Federal Law Gazette I no. 65/2008 effective with January 1, 1998." In the meaning of § 95 para 4 No. 3 before January 1, 2008 are not considered Depot transfers sale.

145. section 95 paragraph 7 as amended by Federal Law Gazette I no. 65/2008 effective with January 1, 1998. For custody transfers within the meaning of § 95 sec. 4 a credit has no Z 3 prior to January 1, 2008."

Article 2

Amendment of the EU withholding tax act

The EU withholding tax Act, Federal Law Gazette I no. 33/2004, as last amended by Federal Law Gazette I no. 24/2007, is amended as follows:

In section 7, paragraph 2 the citation takes the place of the citation "§ 95 para 6 of the income tax Act 1988" the "article 95, paragraph 6 and 7 of the income tax Act 1988".

Article 3

Change the federal tax code

The federal tax code, Federal Law Gazette No. 194/1961, as last amended by Federal Law Gazette I no. 99/2007, is amended as follows:

In § 240, paragraph 2 reads:



"(2) in the case of exit of the debtor of the capital gains tax or transfer the coupon-auszahlenden point (§ 95 para 3 No. 2 first and second tick of the income tax Act 1988) is in a State of the European Union or a State of the European economic area, which is a comprehensive administrative and enforcement assistance, the capital gains tax that falls on the occasion of the emigration or the laying, for collecting the income or corporation tax of the debtor's capital gains tax tax office upon request to refund."

Fischer

Gusenbauer

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