Zinsschranke: Anwendung und Auswirkung auf eine Unternehmensgruppe im Sinne des § 9 KStG

Abstract

This bachelor thesis analyzes the extent to which the interest-limitation-rule pursuant to § 12a Austrian corporation tax law applies at the level of a corporate group within the meaning of § 9 Austrian corporation tax law and what effects arise based on the interest-limitation-rule in connection with a corporate group within the meaning of § 9 Austrian corporation tax law. The provisions of the interest-limitation-rule are perceived as complex, especially in connection with a corporate group. Accordingly, this bachelor thesis explains on the one hand the provisions of the interest-limitation-rule and on the other hand addresses the definition of a corporate group. At the beginning of the bachelor thesis, the generally applicable provisions of the interestlimitation-rule pursuant to § 12a Austrian corporation tax law in the year 2024 are outlined. It explains which corporations fall within the scope of the interest-limitation-rule and which interest expenses and interest income are covered by the definition of interest within the interest-limitation-rule. Furthermore, it discusses how the interest surplus and the tax-adjusted EBITDA are to be determined and which exceptions are to be observed in connection with the interest-limitation-rule pursuant to § 12a Austrian corporation tax law. After a basic understanding of the interest-limitation-rule has been established, the next step defines what is to be understood by a corporate group within the meaning of § 9 Austrian corporation tax law and what fundamental legal consequences are associated with the formation of a corporate group. Finally, the last part of the bachelor thesis deals with the application of the statutory provisions of the interest-limitation-rule to a corporate group. A case study is presented to illustrate the application of the interest-limitation-rule to a corporate group. Consequently, the effects of the interest-limitation-rule in connection with a corporate group are described. The methodologies of legal methodology and business tax law were applied in the preparation of this bachelor thesis. In the final result of the bachelor thesis, it should be noted that for the application of the interest-limitation-rule in the context of a corporate group, the legislature provides for a group-specific approach. Accordingly, the interest-limitation-rule applies at the level of the entire corporate group if individual group members or the group controller have a disproportionately high level of external financing compared to tax-adjusted EBITDA. The effects of the interest-limitation-rule for a corporate group primarily result in a certain proportion of the incurred external interest expenses not being tax-deductible, thereby resulting in a higher corporate tax liability at the level of the corporate group. Accordingly, the entities within a corporate group must adjust their interest expenses to align with their value-added contributions to ensure that the corporate group is not affected by the interest-limitation-rule of the § 12a Austrian corporation tax law.

Date of Award	2024
Original language	German (Austria)
Supervisor	Florian Preining (Supervisor)