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  Capital Yields Tax and EU Withholding Tax for Investment Funds from 1 April 2012 

Below you can find the latest information regarding the new regulations for the delivery of capital yields tax for funds which will be coming into effect on 1 April 2012.

New regulations at a glance

  • Funds which delivered daily and periodical capital yields tax (active delivery status) or which delivered the yearly deemed distributions to the Austrian Ministry of Finance (white status) will automatically receive the status of a reporting fund. According to the Austrian Ministry of Finance all funds have the status 'white'
    • which have delivered their deemed distributions for 2011 (all funds with fiscal year end between 1 September 2010 to 31 August 2011) and
    • whose notification has been sent to the Ministry of Finance until 29 February 2012 at the latest. In this context the Ministry of Finance refers to that funds with fiscal year end 31 August 2011 have to send their notification until 16 January 2011 at the latest (according to § 8 Abs. 2 FOnV 2006). This deadline is a final deadline, any extensions to this deadline will be inadmissibly and therefore void. Nonetheless the Ministry of Finance will, just like in the past, accept belated sent notifications implicitly. Due to organisational reasons regarding the transfer into the new system this has to be limited until 29 February 2012.
  • Daily delivery of the capital yields tax will be terminated as of 1 April 2012. 
  • Reporting of EU-withholding tax data (EUSD) remains unchanged.
    The existing notification system for the EU-withholding tax data can remain unchanged (same service provider, if any, same format, same infrastructure).

Data content and format for Capital Yields Tax delivery to OeKB

  • In order to register a new fund as a reporting fund the following basic data have to be delivered to OeKB
    • name of the capital investment company
    • ISIN
    • exact fund name and official name of the share class
    • information if this ISIN is accumulating or distributing
    • currency of the share class
    • Fiscal Year End
    • start date
    • applicable law (country)
    • information if this fund is according to its regulations subject to the EU-withholding tax
    • name of the tax representative in Austria
  • The delivery of the data occurs via a web client or FTP accounts. With Austrian funds the existing infrastructure for data delivery will be used as long as the data delivery occurs by the tax representative.
  • The infrastructure for the delivery of the EU-withholding tax remains unchanged and will be supplemented by the web client. New accounts which will be accessible via FTP or web client will be set up for the annual delivery of the capital yields tax by the tax representatives.

    Time table

    • Week 4: Information about the format description for the data delivery via e-mail (capital yields tax for foreign and Austrian funds, EU-withholding tax for foreign funds)
    • Week 8: Regulations for the data delivery to OeKB via e-mail
    • Week 10: User information for the web client via e-mail
    • from week 10 on: Tests of the new delivery data by users
    • from week 12 on: Tests web client by users
    • 2 April 2012: Going live

    Further Information

    • Delivery periods are still under negotiation, information will be sent as soon as possible.
    • Delivery of the EU-withholding tax data (EUSD) remains unchanged.
    • The new fund reporting data are available at www.profitweb.at (in German only) as of 2 April 2012.


    Contact

    Fund Data Service Center
    Mo - Thu: 08:30 a.m. - 05:00 p.m.
    Fr: 08:30 a.m. - 04:00 p.m.

    Tel. +43 1 53127-2040

    Fax +43 1 53127-4040

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