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Austria Publishes Synthesized Text of Tax Treaty with the Netherlands as Impacted by BEPS MLI — Orbitax Tax News & Alerts

Austria's Ministry of Finance has published the synthesized text of the 1970 Austria-Netherlands income and capital tax treaty as impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The synthesized text has been prepared based on the reservations and notifications (MLI positions) provided by Austria and the Netherlands with the deposit of the two countries' MLI ratification instruments on 22 September 2017 and 29 March 2019, respectively. The authentic legal texts of the Convention and the MLI take precedence and remain the legal texts applicable.

The MLI applies for the treaty:

  • with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after 1 January 2020; and
  • with respect to all other taxes levied by both countries, for taxes levied with respect to taxable periods beginning on or after 1 January 2020.

However, MLI Article 16 (Mutual Agreement Procedure) applies with respect to the treaty for a case presented to the competent authority of a Contracting State on or after 1 July 2019, except for cases that were not eligible to be presented as of that date under the treaty prior to its modification by the MLI, without regard to the taxable period to which the case relates. MLI Part IV (Arbitration) applies for MAP cases submitted from 1 July 2019 and for cases submitted prior to that date to the extent agreed to by the competent authorities of both Contracting States.

MLI synthesized texts of Austria's tax treaties can be found on the Ministry of Finance treaty webpage.