Austria will also participate in the new global standard for the exchange of information beginning in 2016. LHP Tax-Lawyers offer legal advice and information on the current developments.
Austria wanted to protect its banking confidentiality for as long as possible. The international political pressure become overwhelming and Austria was no longer able to evade the new global standard for the exchange of information on capital income (AIA). This means, that all EU-member countries have now pledged to implement the new global standard, which is supported by more than 90 countries.
The anonymous withholding tax is a unique privilege of Austria. Which developments will take place in Austria, following its declaration in March 2014 to adopt the international standard for the exchange of information?
Austria is the only EU-member country still permitted to collect an anonymous withholding tax as an alternative to the automatic reporting of information to the taxpayer’s country of residence. But just as Luxembourg bowed under the political pressure, Austria was no longer able to delay the process any longer.
Investors still do not feel safe, despite the anonymous withholding tax: In 2014, Germany submitted a group enquiry to Austria which caused concern for investors. The international legal basis for group enquiries is Art 26 of the double tax treaty between Germany and Austria.
In March 2014, Austria agreed to apply the global standard for the exchange of information. Austria is currently implementing the standard in its national laws. The aim is to commence a partial exchange of information in September 2017. The collection of data commences in October 2016 and a full exchange of information, retrospectively for 2017, is scheduled for September 2018. The change of law has been discussed widely in Austria, because the country mandates its banking confidentiality both in § 38 of the Financial Industry Act as well as in its constitution.
Until the new regulation becomes effective, Austria will apply the existing withholding tax regime.
The implementation of the automatic exchange of information in Austrian national law (e.g. the EU-Administrative Assistance Act, the Administrative Assistance Performance Act or the Banking Act) heralds the end of banking confidentiality for Austrian bank accounts. This applies to all residents of EU-member countries and other countries who also apply the new global standard for the exchange of information (AIA).











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