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Measure Name
Date when measure came into force
Capital yields and gains tax 2011/01/01
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Generic Tax Name Capital tax - Capital yields tax (Special method of collection of income tax)
Tax name in the national language Kapitalertragsteuer
Tax name in English Capital yields and gains tax (Special method of collection of income tax)
Member State AT-Austria
Tax in force since 1993/01/01
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

1988 Income Tax Law, BGBl. (federal law gazette) No 400/1988 as last amended by BGBl. 85/2008 and Law on final withholding tax on capital yields (federal law gazette) No 1993/11 as last amended by BGBl. I No 112/2012.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

The beneficiaries of the tax are the federal government (67.8 %), the provincial governments (20.5 %) and the local authorities (11.7 %).

 
Geographical Scope

Austria.

 
Taxpayers
Domestic-source income of non-residents is Taxed
Not Taxed
Comments

Employment incomes of married couples are Taxed jointly
Taxed separately
Comments


Comments

Withholding tax; withheld by payer of capital yields.

 
Tax object and basis of assessment
As general rule, taxable income under personal income tax includes























Comments

Income considered Domestic income
Worldwide income (subject to double-tax relief)
Comments

Benefits in kind
The following benefits in kind are usually (partially or fully) taxable












Comments


Comments

Yields and gains of capital. 

Basis of assessment:

The main categories subject to withholding tax are: Profits from capital investments (dividends, interest, benefits from foundations etc.); profits from capital gains arising from these capital investments (sale of shares or participations in corporations as well as income from derivatives).

 
Deductions, Allowances, Credits, Exemptions
Deduction for professional expenses.
The deduction is:





Comments

Deductions from the tax base
The following items are usually (partially or fully) deductible

















Comments

Allowances
The basic yearly allowance for an individual amounts to:
The basic yearly allowance for a couple amounts to:
Additional allowance for 1st child
Additional allowance for 2nd child
Additional allowance for 3rd child
Additional allowance for additional child
Additional allowance for old age dependents
Comments

Credits
The basic yearly credit for an individual amounts to:
The basic yearly credit for a couple amounts to:
Additional credit for 1st child
Additional credit for 2nd child
Additional credit for 3rd child
Additional credit for additional child
Additional credit for old age dependents
There are tax credits for:

















Comments

Losses
Losses can be
Carried-forward for Indefinite
 Years
Carried-back for Indefinite
 Years
Transferred to spouse or partner
Comments

Exemptions
The following income is exempted from income tax























Comments


Comments

General exemption in all cases where debtor and creditor of the capital yields is identical.

The most common exemption in the area of corporate taxation is the exemption for profit distributions from corporations to corporations (domestic or EU or countries of European Economic Area); it applies if the corporation holds a direct investment of at least 10 %; however a withholding tax levied in cases the holding quota does not exceed 10% can be credited. For dividends that paid to corporations being residents of a third country, a withholding tax of 25% applies.

As far as the withholding tax for capital gains is concerned, the withholding tax of 25% does not apply to the sale of participations in corporations with limited liability; however, they are not exepted from tax; the tax has to be assessed in the annual tax return of the shareholder.

 
Rate(s) Structure
The following personal income tax rates apply to aggregate annual income (allowances not included)
Bracket 1 From   EUR/Natcur
To   EUR/Natcur
Rate:
Comments

Regional taxes
Regional taxes are (rate in capital region) A lump-sum amount:
A percentage of income:
A tax surcharge:
Comments

Local/municipal taxes
Local taxes are (rate in capital city) A lump-sum amount:
A percentage of income:
A tax surcharge:
Comments

Special surcharges
There are special surcharges in the form of:
Surcharge 1 : Name:
A lump-sum amount:
A percentage of income:
A tax surcharge:
Comments

Separate taxation
Separate taxation applies to the following items: Employment income
Income from business or self-employed activities
Income from sport and entertainment activities
Benefits in kind (company car, meal cheques, etc)
Pension income
Owner-occupied immovable property
Dividends
Interests from government bonds
Interests from corporate bonds
Interests from special saving accounts
Interests from deposits
Royalties
Income from renting immovable property
Income from renting movable property
Capital gains on immovable property
Capital gains on movable property
Inheritance
Annuities from life insurance
Prizes and awards
Scholarships
Income from occasional activities
Revenues from donations and gifts
Revenues from lotteries and games activities
Comments

Withholding taxes
The tax is withheld when paid to residents on: Dividends: 25.00 %
Final Creditable
Interests from governments bonds: 25.00 %
Final Creditable
Interests from corporate bonds: 25.00 %
Final Creditable
Interests from special saving accounts: 25.00 %
Final Creditable
Interests from deposits: 25.00 %
Final Creditable
Comments

Withholding tax of 25% also applies to capital gains (in general, also final).



Comments

Uniform tax rate of 25%

 
Tax due date

When withholding tax is levied, it is generally due within a week after capital yield accrued.

 
Tax collector

Tax withheld by payer of capital yields and deposit facility and transmitted to Federal tax administration.

 
Special features

Where dividends or interests are paid to individuals, the capital yields tax deducted is a final tax charge for income tax and for inheritance tax.

There is an option for including these incomes in income tax assessment. In this case distributed profits are taxed at the general "normal" tax rate (up to 50%). The option can however only be claimed for all capital yields.

By income tax assessment the capital yields taxes are considered as income tax prepayments and will be deducted from the total assessed tax.

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d51ae + d51af + d51bd + d51be

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 2,511.50 EUR 0.79
2011 2,712.00 EUR 0.88
2010 2,556.00 EUR 0.87
2009 3,015.13 EUR 1.05
2008 3,750.33 EUR 1.28
2007 3,172.60 EUR 1.12
2006 2,239.50 EUR 0.84
2005 1,788.60 EUR 0.71
2004 1,884.40 EUR 0.78
2003 1,894.20 EUR 0.82
2002 2,123.40 EUR 0.94
2001 2,047.80 EUR 0.93
2000 1,945.00 EUR 0.91

Comments