AUSTRIA Law and Practice Contributed by: Raphael Holzinger, Matthias Jancura and Claudia Synek, Grant Thornton Austria
15.3 Effects of Other Countries’ Legal Restrictions The Austrian legislative framework does not encom - pass regulations regarding the effects of other coun - tries’ restrictions (ie, when it will restrict them) when it comes to transfer pricing. 16. Transparency and Confidentiality 16.1 Publication of Information on APAs or Transfer Pricing Audit Outcomes Austria does not disclose information regarding unilat - eral advance rulings, bilateral or multilateral APAs, or the outcomes of transfer pricing audits. However, the answers of the ATA on EAS requests are published on a website of the ATA. 16.2 Use of “Secret Comparables” The use of “secret comparables” or “hidden compa - rables” is prohibited for the ATA.
• BFG 2 January 2020, RV/7102670/2012 – this con - cerns a limited risk distributor and the arm’s length operating margin of such business units. • BFG 4 November 2019, RV/5100539/2013 – regarding a profit split between the parent compa - ny and its subsidiary, the allocation of income does not necessarily have to coincide with the beneficial ownership of the items used to generate income. Rather, it depends on who has actually provided services and thus participated in economic life. 15. Foreign Payment Restrictions 15.1 Restrictions on Outbound Payments Relating to Uncontrolled Transactions In general, Austria does not impose restrictions on outbound payments relating to uncontrolled transac - tions. However, care must be taken regarding poten - tial embargo jurisdictions. 15.2 Restrictions on Outbound Payments Relating to Controlled Transactions In general, Austria does not impose restrictions on outbound payments relating to controlled transac - tions. However, care must be taken regarding poten - tial embargo jurisdictions.
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