Steuerrechtliche Folgen und Bilanzierung einer Kapitalgesellschaft in der Insolvenz

Abstract

In recent years, economic disruptions triggered by the COVID-19 pandemic, geopolitical uncertainty, and tightened monetary policy have led to a significant increase in corporate insolvencies in Austria. Small and medium-sized corporations, in particular, are facing acute liquidity shortages and structural weaknesses. Insolvency does not only signify a drastic economic turning point for a company but also entails a complex set of legal, accounting, and tax-related challenges. The correct application of accounting principles and tax regulations under insolvency conditions is therefore crucial for company management, insolvency administrators, and tax advisors. The aim of this bachelor thesis is to systematically examine the tax implications and accounting treatment of insolvency proceedings for corporations under Austrian law and to identify practical challenges arising in this context. The focus lies on key issues such as the transition from the going-concern principle to the liquidation principle, the valuation of assets, liabilities, and provisions, and the tax implications of restructuring gains, loss carryforwards, and the distinction between estate and insolvency claims. The thesis is structured into five main chapters. Following an introduction outlining the research problem and objectives, the second chapter provides a comprehensive overview of the legal foundations of insolvency law and corporate obligations. The third chapter examines the tax implications in detail, based on the provisions of the Austrian Federal Fiscal Code (BAO), Corporate Income Tax Act (KStG), and other relevant regulations. The fourth chapter addresses the accounting challenges in insolvency, with a particular focus on balance sheet adjustments, valuation methods, and disclosure obligations. The fifth chapter features a fictitious yet realistic case study of an insolvent company. This example serves to apply the theoretical framework in practice by creating an insolvency balance sheet and analyzing the financial and tax-related consequences. The chapter concludes with a practical guideline specifically designed for tax advisors, offering a structured approach to supporting insolvent clients in a legally sound and economically sensible manner. The findings of this thesis underline that accurate insolvency accounting and tax treatment require a high level of technical precision and legal awareness. This work aims to support professionals working at the intersection of insolvency, tax, and financial accounting by providing clear, practical guidance and contributing to better orientation in this highly complex area of business practice.

Date of Award	2025
Original language	German (Austria)
Supervisor	Marina Luketina (Supervisor)