On May 22^nd, 2009, in EAS 3065 (“Express Reply Service“) the Austrian Ministry of Finance published a statement that a carry-forward of foreign withholding tax would be granted in the future, provided certain requirements are fulfilled (domestic recipient in a loss position, credit possible under a double tax treaty). This was contrary to its previous opinion. The Ministry justified this new approach by arguing that by not granting a carry-forward of foreign withholding tax it would not be acting in conformity with European primary law, since if a carry-forward were not granted, the result would be inter-temporal double taxation. However, in EAS 3113 the Ministry later revised its opinion stated in EAS 3065, due to new developments in European law (i. e. Case Damseaux, July 16^th, 2009, C‑128/08). In the following article, Rudolf Krickl, Richard Jerabek, and Franz Rittsteuer present an overview of the history of the carry-forward of foreign withholding tax in Austria and explain their legal opinion with regard to the carry-forward of foreign withholding tax.