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Austrian 2nd Tax Law Amendment Act Draft Clarifies Deduction Limitation for Interest and Royalty Payments — Orbitax Tax News & Alerts

On November 2014, the Austrian government approved a draft version of the 2nd Tax Law Amendment Act 2014. The Act includes minor amendment and clarifications of other tax laws. One of the main clarifications concerns the restrictions on the deductibility of interest and royalty payments as introduced in the 1st Tax Law Amendment Act 2014.

Under the restriction introduced in the 1st Act, from 1 March 2014, interest and royalty payments to resident or non-resident corporate entities that are directly or indirectly part of the same group or directly or indirectly controlled by the same shareholder are not deductible if the income from such payments is taxed at a rate of less than 10%. The 2nd Act clarifies that in determining the effective tax rate on the interest or royalty income of the recipient, any refunds or credits granted to the receiving entity or its shareholders must be taken into account.

The 2nd Tax Law Amendment Act 2014 has been submitted to parliament for discussion.