A current decision by the Administrative Court restricts the possibility of the transfer of hidden reserves in the event of share sales by Austrian private foundations.

 

This not only entails a restriction on the practice of designing company sales through the intervention of private foundations, which is quite popular when it comes to the sale of investments and has even been recommended by the tax authorities. It also raises the question of how old cases are dealt with and whether they are There is now a latent tax risk.

A quite significant rejection of the prevailing administrative practice, which is therefore also followed and recommended by lawyers and tax advisors, has arisen due to the latest jurisprudence of the VwGH in connection with the transfer of hidden reserves.
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