Zur Frage der Abkommensberechtigung österreichischer Investmentfonds

Austrian investment funds are not created in the form of legal entities but are constituted as co-ownerships of the investors. The funds are therefore as such not considered as being resident in Austria in the meaning of the Austrian double taxation conventions and are therefore not entitled to claim treaty benefits. Investors, however, who fulfill the residence requirements of the double taxation conventions may claim treaty relief on their own with respect to foreign source taxes which are allocable to the distributions made by the fund. The respective calculations necessary to determine the amount of foreign source tax per investment certificate are made by the funds and published in the annual fund reports.

Only in relation to Switzerland the funds themselves can obtain treaty benefits on a collective basis for the resident certificate holders provided that no individual repayment claims are filed by the certificate holders; this is based on the bilateral ministerial arrangement of August 19, 1960. (EAS 1062 v. 21.4.1997)

Anmerkung: In der ggstl. EAS-Antwort wird klargestellt, daß die nach der „Miteigentumslösung" konstruierten österreichischen Investmentfonds als solche nicht als in Öste...