Austrian Advance Rulings Measures and their Compatibility with EU and OECD Provisions against Harmful Tax Competition

Diploma Thesis from the year 2002 in the subject Business economics - Accounting and Taxes, grade: 1,0, Vienna University of Economics and Business (unbekannt, österreichisches und internationales Steuerrecht), language: English, abstract: Inhaltsangabe:Abstract:§This paper is intended to give an overview over Austrian advance rulings in an international context. In order to be able to outline the Austrian rulings practice and provisions that constitute a legal basis for advance rulings -- since in Austria rulings are not based upon one single law or provision but on many -- the term advance ruling will be defined as well and its meaning in international tax practice will be described.§Moreover, this paper is intended to examine Austrian rulings measures in the light of the EU and OECD provisions against harmful tax competition, as well as under the state aid provisions of the EC Treaty.§It is structured as follows:§In the first part, the provisions of the EU (Code of Conduct of Business Taxation) and OECD (report on harmful tax competition) against harmful tax competition as well as the state aid provisions are described and the discussion, as to whether provisions against harmful tax competition are necessary at all, is outlined briefly. Then, international rulings practice is explained. Finally and essentially, Austrian rulings provisions are described in detail and assessed according to the criteria to identify harmful tax practices described in the provisions against harmful tax competition.§This diploma thesis was written in the course of the EUCOTAX-program 2001/2002. EUCOTAX is a scientific cooperation between several European universities (i.e. European Universities Cooperating on Taxes). The intention of this program is to provide students and young academics with the experience of participating in an international tax conference. During their time of preparation, they are supported by senior experts. In the year 2002, the general topic was Tax Competition . This topic was split up into six sub-topics which were to be discussed in groups during this year's conference. These sub-topics were State aid , OECD report on harmful tax competition , Code of conduct of business taxation , Holding companies/exempt entities , CFC legislation , and Advance rulings . The conference was held from 4 April to 12 April 2002 in Tilburg, Netherlands.§Inhaltsverzeichnis:Table of Contents:§Table of contents2§Dedication5§1.Preface6§2.Eu and OECD PRovisions against harmful tax competition8§2.1Are measures to curb harmful tax competition necessary?8§2.1.1Definition of harmful tax competition8§2.1.2Arguments in favor of the adoption of measures against harmful tax competition9§2.1.3Arguments against the adoption of measures against (harmful) tax competition11§2.1.4Conclusion13§2.2EC State Aid Provisions (Arts 87 to 89 of the EC Treaty)14§2.2.1.General concept of state aid within the EU14§2.2.2.EC legal rules on state aid15§2.2.3.Categorization of state aid by objective16§2.2.4Fiscal state aid17§2.3Code of Conduct of business taxation19§2.3.1Background and Legal nature19§2.3.2Scope21§2.3.3Criteria to identify harmful tax practices22§2.4OECD Report on Harmful Tax Competition24§2.4.1Background and Legal nature24§2.4.2Scope25§2.4.3Criteria to identify harmful tax practices26§3.International rulings practice30§3.1Introduction30§3.1.1Definition of aDvance ruling30§3.1.2Why rulings are important but still controversial32§3.2Classifications36§3.2.1Legal basis36§3.2.2Right to obtain a ruling and time limits for the issue of a ruling38§3.2.3Binding force and term of validity41§3.2.4Possibility of appeal44§3.2.5The applicant46§3.2.6The ruling authority48§3.2...