YOUR SPECIALIST IN AUSTRIAN AND INTERNATIONAL TAX LAW

Specialized in Austrian and International Tax Law

GLAESER LAW advises companies and international groups of companies as well as private individuals. Furthermore, the law firm is also acting as “advisor to advisors” specialized in tax matters to Austrian and international tax advisory and law firms.

AUSTRIAN AND INTERNATIONAL TAX LAW

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TAX DISPUTES AND PROCEDURAL LAW

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PRIVATE CLIENTS AND FAMILY OFFICES

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GLAESER LAW provides advice and representation in all aspects of Austrian and international tax law, including:

Corporate and group tax law

The comprehensive tax advice of Austrian companies and international groups of companies is one of the core competences of GLAESER LAW. This particularly comprises:

Tax efficient choice of legal form
Structuring and implementation of group structures (e.g., holding or trading structures etc)
Taxation of permanent establishments
Tax efficient financing
Taxation of interest and dividends
Group taxation
Controlled foreign company (CFC) taxation
Insolvency and close to insolvency crisis situations
Liquidations

M&A and reorganizations

GLAESER LAW advises Austrian and international clients on the structuring and implementation of M&A transactions and reorganizations.

Besides the tax efficient acquisition and financing structure, GLAESER LAW also advises on the drafting and negotiation of tax relevant contractual provisions such as, for instance, definitions, indemnities and warranties, cooperation clauses regarding future tax audits and court proceedings, statute of limitations etc.

Furthermore, GLAESER LAW has comprehensive practical experience in domestic and cross-border reorganizations, including mergers, conversions, contributions, spin-offs and joint ventures.

References of GLAESER LAW

Transfer pricing

GLAESER LAW has longstanding practical experience in the structuring and implementation of international transfer pricing structures as well as their defense in tax audits, court proceedings, international mutual agreement and arbitration proceedings.

References of GLAESER LAW

Immigration and emigration

GLAESER LAW advises companies and private individuals on the tax assessment and structuring of their immigration to Austria and emigration from Austria.

While immigration cases regularly raise questions in respect of potential detrimental tax treatment and tax compliance in Austria going forward, emigration cases raise questions on potential exit taxation of unrealized capital gains. Therefore, in both immigration as well as emigration cases, GLAESER LAW advises on a potentially required preparatory restructuring of assets to avoid harmful tax consequences and ensure tax compliance going forward.

References of GLAESER LAW

Capital income and capital markets tax law

GLAESER LAW advises institutional investors, investment funds and issuers of capital market products as well as private individuals and family offices in respect of the taxation of capital investments.

Besides the taxation of capital income, this comprises advice on the withholding, relief at source and refund of withholding tax as well as the structuring of financial products and drafting of tax provisions for capital market prospectuses and private placement memoranda.

References of GLAESER LAW

Private foundations, trusts and Anstalten

GLAESER LAW advises on Austrian and cross-border tax aspects in connection with Austrian private foundations and non-Austrian structures such as trusts, foundations and Anstalten.

This comprises the structuring, implementation and income taxation of founders, foundation, beneficiaries (or their respective pendants under non-Austrian structures) as well as tax advice on the exit from existing structures.

GLAESER LAW combines the civil and corporate law knowledge regarding private foundations, succession planning and inheritance law with the special expertise on the tax treatment of founders, foundations and beneficiaries.

References of GLAESER LAW

Taxation of real property

GLAESER LAW advises institutional investors, investment funds and project developers as well as private individuals and family offices on the taxation of real property.

Besides the taxation of income from real property, this also comprises the structuring of the acquisition, financing and sale of real property, always aiming at ensuring tax compliance while minimizing the tax burden from an income tax, real estate transfer tax and stamp duty perspective.

References of GLAESER LAW

Furthermore, GLAESER LAW Real Estate is regularly involved in the implementation of real estate transactions as contract drafter and trustee.

Value added tax, excise duties and customs law

GLAESER LAW advises Austrian and international companies on value added tax, excise duty and customs law.

A special focus lies in GLAESER LAW’s advise on the tax structuring of cross-border services and supplies including the contractual implementation of tax relevant provisions in contractual supply-, transport- and logistic agreements (e.g., consignment stock arrangements) or service agreements (e.g., online platforms).

Furthermore, GLAESER LAW has longstanding practical experience in advising financial service providers, banks and international payment providers.

GLAESER LAW advises proactively, in particular, to ensure VAT neutrality under consideration of the necessary compliance, as well as in tax audits, tax court and supreme court proceedings defending the tax treatment applied on previous transactions.

References of GLAESER LAW

Stamp duty and transfer taxes

GLAESER LAW combines tax law, civil law and corporate law know-how with longstanding practical experience on the assessment, structuring and contractual implementation of legal avoidance strategies as well as defending clients against respective stamp duty and transfer tax assessments by the tax administration in tax audits and tax court proceedings.

Betting, gaming and poker

GLAESER LAW advises and represents international betting and gaming providers in ensuring their tax compliance in Austria.

Furthermore, GLAESER LAW has comprehensive practical experience regarding the tax treatment of professional poker players. Although Austria is well known as respective tax haven, internationally active poker players as well as players entering side bets, sharing risks or using cryptocurrencies may have to take respective tax provisions into account in order to ensure respective tax compliance and avoid harmful tax consequences.

References of GLAESER LAW

Cryptoassets und DLT

GLAESER LAW has longstanding knowledge on the tax and balance sheet treatment of cryptoassets based on distributed ledger or blockchain technology, respectively. Besides the taxation of mining, the acquisition and sale of cryptocurrencies or cryptoassets, respectively, this also comprises the tax treatment of alternative financing models or algorithmic high-frequency trading.

Besides the comprehensive advisory in Austrian and international tax law, the representation of companies and private individuals vis-à-vis the tax administration and before courts is one of the showcase disciplines as “tax attorney”. This comprises in particular:

Tax audits and tax proceedings

GLAESER LAW is specialized on the representation of companies and private individuals in complex tax audits and tax proceedings before tax courts and supreme court and combines respective tax expertise with legally sound and strategic tax litigation.

If the facts of a case and/or its legal assessment reach a certain complexity, it should be advisable and efficient to mandate a “tax attorney” rather sooner than later. Clients regularly appreciate the structured and legally substantiated approach, focusing on the essential legal questions and a well-understandable preparation of (appeal) documentation.

References of GLAESER LAW

International mutual agreement and arbitration procedures

GLAESER LAW advises internationally active companies and individuals on the avoidance of double taxation resulting from the unlawful exercise of taxing rights by Austria or other states in relation to Austria. This includes mutual agreement procedures and arbitration procedures under respectively applicable tax treaties, the EU Arbitration Convention and/or the EU Dispute Resolution Act (“EU-Besteuerungsstreitbeilegungsgesetz”) implementing the EU directive on tax dispute resolution mechanisms in the European Union.

References of GLAESER LAW

Tax Rulings and APAs

GLAESER LAW has extensive practical experience in obtaining rulings from the tax administration to increase legal certainty when implementing envisaged tax structures.

This comprises general good-faith-rulings from the tax administration, rulings from the Austrian Ministry of Finance on international tax law (Express-Answer-Service; EAS) as well as binding tax rulings in certain areas of tax law.

As to transfer pricing, GLAESER LAW undertakes to obtain unilateral, bilateral and multilateral advance pricing arrangements (APAs).

Refund procedures

GLAESER LAW has longstanding practical experience regarding the relief from Austrian withholding taxes (in particular, capital income tax; “Kapitalertragsteuer”).

GLAESER LAW advises institutional investors, investment funds, holding companies and private individuals proactively in respect of the avoidance of withholding tax from the outset (relief at source) as well as the refund of paid withholding tax based on respectively applicable domestic law and international provisions (relief by refund).

Self-declarations and fiscal criminal law

Besides the preventive advice and structuring ensuring the adherence to mandatory tax compliance, GLAESER LAW also advised defensively in connection with the drafting and filing of self-declarations to avoid fiscal criminal consequences. Besides cases of tax fraud, this particularly concerns the assessment and disclosure of doubtful tax structures or negligent non-disclosure of Austrian and non-Austrian income.

Furthermore, GLAESER LAW assists in the preparation of necessary information for disclosure and regularization of income and assets in other states (e.g., voluntary disclosure filings in the USA etc)

Tax reporting

GLAESER LAW advises taxpayers as well as other advisors and “intermediaries” in connection with applicable compliance obligations. This comprises for instance:

Notifications in accordance with the Beneficial Owner Register Act (“Wirtschaftlicher Eigentümer Registergesestz”) implementing the 5^th Money Laundering Directive
Evaluation of the necessity as well as the preparation and filing notifications in accordance with the EU Notification Act (“EU-Meldepflichtgesetz”) implementing DAC 6/7 of the Mutual Assistance Directive.
Preparation of necessary information to fulfill non-Austrian compliance obligations (e.g., FATCA notifications, voluntary disclosure filings etc)

Besides companies and international groups of companies, GLAESER LAW regularly also advises and represents private individuals and family offices in all matters of Austrian and international tax law and in tax proceedings.

This comprises, for instance, the optimization of income taxation as well as tax efficient asset structuring (in particular, real property and capital investments or cryptoassets), immigration to and emigration from Austria as well as advise on the tax efficient transfer of assets, succession planning and private foundations or Austrian tax aspects of comparable non-Austrian structures, respectively.

References GLAESER LAW

US-American stock-listed food company: Tax restructuring and implementation of the European trading activities, including the transfer pricing structuring of future activities.

German stock-listed media group: Representation in an international mutual agreement procedure regarding the avoidance of double taxation resulting from multilateral transfer pricing adjustments in connection with hard-to-value intangibles.

Brazilian chemical group: Advice in connection with the income tax treatment and transfer pricing structuring of the international trading activities in Austria in relation to Brazil and the USA.

UK-Real estate investment fund: Advising on the tax treatment of Austrian resident institutional investors and structuring alternatives in respect of cross-border investments.

Maltese gambling group: Advising on the implementation of tax compliance procedures in connection with the declaration of gaming taxes and betting duties on cross-border online services.

Australian stock-listed chemical group: Advising on the customs treatment of imports from China via Great Britain after Brexit under the EU-UK Trade and Cooperation Agreement.

Stock-listed hardware and electronic group: Advising on the VAT treatment of cross-border supplies of goods and imports from China in connection with tax audit and tax court proceedings.

UK-Real estate investment fund: Advising on the tax treatment and structuring of employment benefit schemes, including carried interest, virtual share and bonus models.

Austrian media startup: Advising one of Austria’s and Europe’s most successful media startups on Austrian corporate tax aspects resulting from of a change of their shareholder structure.

US investment fund manager: Advising a US citizen, who is partner and manager of an internationally active investment fund, on his immigration to Austria and respective pre-immigration restructuring of individual assets and fund structures involving Swiss and Liechtenstein foundations.

GLAESER LAW advises companies and international groups of companies as well as private individuals. Furthermore, the law firm is also acting as “advisor to advisors” specialized in tax matters to Austrian and international tax advisory and law firms.

AUSTRIAN AND INTERNATIONAL TAX LAW

More

TAX DISPUTES AND PROCEDURAL LAW

More

PRIVATE CLIENTS AND FAMILY OFFICES

More

GLAESER LAW provides advice and representation in all aspects of Austrian and international tax law, including:

Corporate and group tax law

The comprehensive tax advice of Austrian companies and international groups of companies is one of the core competences of GLAESER LAW. This particularly comprises:

Tax efficient choice of legal form
Structuring and implementation of group structures (e.g., holding or trading structures etc)
Taxation of permanent establishments
Tax efficient financing
Taxation of interest and dividends
Group taxation
Controlled foreign company (CFC) taxation
Insolvency and close to insolvency crisis situations
Liquidations

M&A and reorganizations

GLAESER LAW advises Austrian and international clients on the structuring and implementation of M&A transactions and reorganizations.

Besides the tax efficient acquisition and financing structure, GLAESER LAW also advises on the drafting and negotiation of tax relevant contractual provisions such as, for instance, definitions, indemnities and warranties, cooperation clauses regarding future tax audits and court proceedings, statute of limitations etc.

Furthermore, GLAESER LAW has comprehensive practical experience in domestic and cross-border reorganizations, including mergers, conversions, contributions, spin-offs and joint ventures.

References of GLAESER LAW

Transfer pricing

GLAESER LAW has longstanding practical experience in the structuring and implementation of international transfer pricing structures as well as their defense in tax audits, court proceedings, international mutual agreement and arbitration proceedings.

References of GLAESER LAW

Immigration and emigration

GLAESER LAW advises companies and private individuals on the tax assessment and structuring of their immigration to Austria and emigration from Austria.

While immigration cases regularly raise questions in respect of potential detrimental tax treatment and tax compliance in Austria going forward, emigration cases raise questions on potential exit taxation of unrealized capital gains. Therefore, in both immigration as well as emigration cases, GLAESER LAW advises on a potentially required preparatory restructuring of assets to avoid harmful tax consequences and ensure tax compliance going forward.

References of GLAESER LAW

Capital income and capital markets tax law

GLAESER LAW advises institutional investors, investment funds and issuers of capital market products as well as private individuals and family offices in respect of the taxation of capital investments.

Besides the taxation of capital income, this comprises advice on the withholding, relief at source and refund of withholding tax as well as the structuring of financial products and drafting of tax provisions for capital market prospectuses and private placement memoranda.

References of GLAESER LAW

Private foundations, trusts and Anstalten

GLAESER LAW advises on Austrian and cross-border tax aspects in connection with Austrian private foundations and non-Austrian structures such as trusts, foundations and Anstalten.

This comprises the structuring, implementation and income taxation of founders, foundation, beneficiaries (or their respective pendants under non-Austrian structures) as well as tax advice on the exit from existing structures.

GLAESER LAW combines the civil and corporate law knowledge regarding private foundations, succession planning and inheritance law with the special expertise on the tax treatment of founders, foundations and beneficiaries.

References of GLAESER LAW

Taxation of real property

GLAESER LAW advises institutional investors, investment funds and project developers as well as private individuals and family offices on the taxation of real property.

Besides the taxation of income from real property, this also comprises the structuring of the acquisition, financing and sale of real property, always aiming at ensuring tax compliance while minimizing the tax burden from an income tax, real estate transfer tax and stamp duty perspective.

References of GLAESER LAW

Furthermore, GLAESER LAW Real Estate is regularly involved in the implementation of real estate transactions as contract drafter and trustee.

Value added tax, excise duties and customs law

GLAESER LAW advises Austrian and international companies on value added tax, excise duty and customs law.

A special focus lies in GLAESER LAW’s advise on the tax structuring of cross-border services and supplies including the contractual implementation of tax relevant provisions in contractual supply-, transport- and logistic agreements (e.g., consignment stock arrangements) or service agreements (e.g., online platforms).

Furthermore, GLAESER LAW has longstanding practical experience in advising financial service providers, banks and international payment providers.

GLAESER LAW advises proactively, in particular, to ensure VAT neutrality under consideration of the necessary compliance, as well as in tax audits, tax court and supreme court proceedings defending the tax treatment applied on previous transactions.

References of GLAESER LAW

Stamp duty and transfer taxes

GLAESER LAW combines tax law, civil law and corporate law know-how with longstanding practical experience on the assessment, structuring and contractual implementation of legal avoidance strategies as well as defending clients against respective stamp duty and transfer tax assessments by the tax administration in tax audits and tax court proceedings.

Betting, gaming and poker

GLAESER LAW advises and represents international betting and gaming providers in ensuring their tax compliance in Austria.

Furthermore, GLAESER LAW has comprehensive practical experience regarding the tax treatment of professional poker players. Although Austria is well known as respective tax haven, internationally active poker players as well as players entering side bets, sharing risks or using cryptocurrencies may have to take respective tax provisions into account in order to ensure respective tax compliance and avoid harmful tax consequences.

References of GLAESER LAW

Cryptoassets und DLT

GLAESER LAW has longstanding knowledge on the tax and balance sheet treatment of cryptoassets based on distributed ledger or blockchain technology, respectively. Besides the taxation of mining, the acquisition and sale of cryptocurrencies or cryptoassets, respectively, this also comprises the tax treatment of alternative financing models or algorithmic high-frequency trading.

Besides the comprehensive advisory in Austrian and international tax law, the representation of companies and private individuals vis-à-vis the tax administration and before courts is one of the showcase disciplines as “tax attorney”. This comprises in particular:

Tax audits and tax proceedings

GLAESER LAW is specialized on the representation of companies and private individuals in complex tax audits and tax proceedings before tax courts and supreme court and combines respective tax expertise with legally sound and strategic tax litigation.

If the facts of a case and/or its legal assessment reach a certain complexity, it should be advisable and efficient to mandate a “tax attorney” rather sooner than later. Clients regularly appreciate the structured and legally substantiated approach, focusing on the essential legal questions and a well-understandable preparation of (appeal) documentation.

References of GLAESER LAW

International mutual agreement and arbitration procedures

GLAESER LAW advises internationally active companies and individuals on the avoidance of double taxation resulting from the unlawful exercise of taxing rights by Austria or other states in relation to Austria. This includes mutual agreement procedures and arbitration procedures under respectively applicable tax treaties, the EU Arbitration Convention and/or the EU Dispute Resolution Act (“EU-Besteuerungsstreitbeilegungsgesetz”) implementing the EU directive on tax dispute resolution mechanisms in the European Union.

References of GLAESER LAW

Tax Rulings and APAs

GLAESER LAW has extensive practical experience in obtaining rulings from the tax administration to increase legal certainty when implementing envisaged tax structures.

This comprises general good-faith-rulings from the tax administration, rulings from the Austrian Ministry of Finance on international tax law (Express-Answer-Service; EAS) as well as binding tax rulings in certain areas of tax law.

As to transfer pricing, GLAESER LAW undertakes to obtain unilateral, bilateral and multilateral advance pricing arrangements (APAs).

Refund procedures

GLAESER LAW has longstanding practical experience regarding the relief from Austrian withholding taxes (in particular, capital income tax; “Kapitalertragsteuer”).

GLAESER LAW advises institutional investors, investment funds, holding companies and private individuals proactively in respect of the avoidance of withholding tax from the outset (relief at source) as well as the refund of paid withholding tax based on respectively applicable domestic law and international provisions (relief by refund).

Self-declarations and fiscal criminal law

Besides the preventive advice and structuring ensuring the adherence to mandatory tax compliance, GLAESER LAW also advised defensively in connection with the drafting and filing of self-declarations to avoid fiscal criminal consequences. Besides cases of tax fraud, this particularly concerns the assessment and disclosure of doubtful tax structures or negligent non-disclosure of Austrian and non-Austrian income.

Furthermore, GLAESER LAW assists in the preparation of necessary information for disclosure and regularization of income and assets in other states (e.g., voluntary disclosure filings in the USA etc)

Tax reporting

GLAESER LAW advises taxpayers as well as other advisors and “intermediaries” in connection with applicable compliance obligations. This comprises for instance:

Notifications in accordance with the Beneficial Owner Register Act (“Wirtschaftlicher Eigentümer Registergesestz”) implementing the 5^th Money Laundering Directive
Evaluation of the necessity as well as the preparation and filing notifications in accordance with the EU Notification Act (“EU-Meldepflichtgesetz”) implementing DAC 6/7 of the Mutual Assistance Directive.
Preparation of necessary information to fulfill non-Austrian compliance obligations (e.g., FATCA notifications, voluntary disclosure filings etc)

Besides companies and international groups of companies, GLAESER LAW regularly also advises and represents private individuals and family offices in all matters of Austrian and international tax law and in tax proceedings.

This comprises, for instance, the optimization of income taxation as well as tax efficient asset structuring (in particular, real property and capital investments or cryptoassets), immigration to and emigration from Austria as well as advise on the tax efficient transfer of assets, succession planning and private foundations or Austrian tax aspects of comparable non-Austrian structures, respectively.

Referenzen GLAESER LAW