Zweifelsfragen zum Kennzeichen für Verluste in Paragr. 6 Z 4 EU-Meldepflichtgesetz = Questions regarding the hallmark for acquisitions of loss-making companies in Section 6 Para 4 European Reporting Obligation Act

Resource Information

The work Zweifelsfragen zum Kennzeichen für Verluste in Paragr. 6 Z 4 EU-Meldepflichtgesetz = Questions regarding the hallmark for acquisitions of loss-making companies in Section 6 Para 4 European Reporting Obligation Act represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Zweifelsfragen zum Kennzeichen für Verluste in Paragr. 6 Z 4 EU-Meldepflichtgesetz = Questions regarding the hallmark for acquisitions of loss-making companies in Section 6 Para 4 European Reporting Obligation Act

Creator

• Spies, K
• Wöhrer, V

Subject

• benefit test
• cross-border arrangement
• DAC6
• mandatory disclosure
• reporting requirements
• losses
• acquisition

Language

eng

Summary

The Austrian legislature has transposed the DAC 6 reporting requirements by adopting the European Reporting Obligation Act. Under these new rules, any cross-border arrangement that fulfils at least one "hallmark" has to be reported by any involved intermediary or the taxpayer. As the hallmarks cover a vast variety of transactions, a reporting obligation may not only arise if there is a connection to aggressive tax planning, but also in common transactions. As any failure to report, incomplete or late reporting, as well as the reporting of incorrect information, can be punished under fiscal criminal law, the identification of reportable transactions is critical. One of these hallmarks, implemented in section 6 para 4 European Reporting Obligation Act, covers the acquisition of a loss-making company with the aim of using its losses in order to reduce tax liability. The authors discuss the scope of this hallmark on the basis of exemplary, partly everyday tax situations and illustrate the vast number of open interpretation questions that reportable persons and the financial authorities will be faced with under the European Reporting Obligation Act

Citation source

In: Steuer und Wirtschaft International. - Wien. - Vol. 30 (2020), no. 6 ; p. 292-308

Geographic coverage

• European Union
• Europe

Language note

German