Austria MOF Clarifies Capital Gains Tax Refund for Nonresident Corporate Investment Funds

The Austrian Ministry of Finance Sept. 17 posted online Federal Finance Court Decision No. RV/7101864/2025, clarifying capital gains tax refunds for dividends from nonresident investment funds. The taxpayer, a US-based investment fund, received Austrian-sourced dividends in 2013 and fully distributed its income to investors, thereby incurring no corporate tax in the US. The taxpayer argued it was comparable to an Austrian corporation and was entitled to a refund of capital gains tax. The Tax Office denied the refund. On appeal, the Federal Finance Court agreed with the Tax Office, and stated that: 1) only investors, not the fund, qualified as ...