13 May 2022
Austria's Ministry of Finance has issued new guidance on mutual agreement and arbitration procedures under Austria's tax treaties, the EU Arbitration Convention, the BEPS Multilateral Instrument (MLI), and the EU Tax Dispute Settlement Act. The guidance provides an overview of the formal and material framework conditions of these procedures in Austria and is intended to serve as a guide for those entitled to an agreement on the process and functioning of a mutual agreement procedure. The guidance is valid from 5 May 2022 and replaces prior guidance issued on 24 July 2019. In particular, the guidance covers:
In addition to the main guidance, annexes are also provided regarding the OECD minimum standards on dispute resolution, the particular features of Austria's tax treaties in relation to MAP, and the specific arbitration clauses in Austria's tax treaties.
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