Austria (AT)

Jurisdiction Overview

IDQuestionAnswer
404 *Tax advisers reporting schemes: Are tax advisers (who help companies and individuals to prepare tax returns) required to report at least annually on certain tax avoidance schemes they have sold/marketed (if applicable)? Yes, but the schemes are only reported to the tax administration (they are not published).
 Data Date: 2019

Notes

 
"The Austrian EU-MPfG exempts intermediaries from the reporting obligation, if they are bound to professional secrecy by law (e.g., tax advisors, public accountants, lawyers and notaries). In such a case, the taxpayer is obliged to report the reportable arrangement (once he has been informed appropriately by the intermediary). Further, the primary reporting obligation will also lie with the relevant taxpayer, when an intermediary is resident in a third country or the taxpayer does not (sufficiently) mandate an intermediary with the arrangement (i.e., the intermediary does not know, that he is part of a reportable arrangement), the relevant taxpayer is obliged to file the report" (ey.com).
 
On 25 May 2018, the European Council adopted Directive (EU) 2018/822 (amending Directive 2011/16/EU as regards mandatory automatic exchange of information in relation to reportable cross-border arrangements) which requires intermediaries such as tax advisors, accountants and lawyers that design and/or promote tax planning schemes to report schemes that are considered potentially aggressive. The new reporting requirements provided in the directive will apply only from 1 July 2020 and EU member states will have until 31 December 2019 to transpose it into national laws and regulations. As of 30 November 2019, Austria has already transposed the directive into the required legislation (home.kpmg).

Sources

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018L0822
 
https://home.kpmg/xx/en/home/insights/2019/10/etf-415-eu-mandatory-disclosure-requirements-update.html
 
https://www.ey.com/gl/en/services/tax/international-tax/alert--austria-passes-bill-to-implement-mandatory-disclosure-rules