Resumen de Austria/European Union: Taxation of cross-border portfolio dividends in Austria : the Austrian Supreme Administrative Court interprets EC law

Thomas Bieber, Werner Haslehner, Georg Kofler, Clemens Philip Schindler

• In this article, the authors discuss the Austrian Supreme Administrative Court's decision of 17 April 2008 wherein it was decided that the discriminatory treatment of cross-border intercompany portfolio dividends, in comparison to equivalent domestic dividends, constitutes a prohibited restriction of the free movement of capital, but that granting an indirect foreign tax credit can cure the breach of EC law.