On 7 October 2021, the Austrian tax authorities published the highly anticipated Austrian Transfer Pricing Guidelines 2021 (Austrian TPG 2021). The Austrian TPG 2021 serve as an interpretative aid to the international arm's length principle and are intended to ensure its uniform application. Essentially, they incorporate the current OECD Transfer Pricing Guidelines 2017 (OECD TPG 2017), which have been supplemented with special features of Austrian tax law. For this reason, the Austrian TPG 2021 are not only important for the Austrian tax authorities but they are also a valuable reference work in business practice – despite the fact that they are not legally binding. In our series of articles on the new Austrian TPG 2021, we will provide a deeper insight into the main changes that have been made. In advance, we would like to provide a brief overview of the significant amendments in the Austrian TPG 2021.
In 2010, the Austrian tax authorities published the Austrian TPG 2010 for the first time, which were based on the then current OECD TPG 2010. Since then, the OECD TPG have been amended extensively in particular with the OECD's Base Erosion and Profit Shifting (BEPS) project and were republished in their current version in 2017. Accordingly, there was a need to revise the Austrian TPG to take account of these international developments.
The basic structure of the new Austrian TPG 2021 largely follows that of the Austrian TPG 2010, although considerable additions have been made in some places. On top of that, the most important information and EAS (Express Answer Service) of the Austrian tax authorities relevant for transfer pricing purposes have been incorporated.
Significant amendments compared to the previous version of the Austrian TPG can be found in the area of
With the revisions made, the Austrian TPG have been aligned with the current status of the OECD TPG 2017. In the future, it can be expected that the Austrian tax authorities will revise the Austrian TPG more frequently and not wait a decade for an update, as it was the case previously – especially because of the current rapid developments in international tax law, which are also expected to result in extensive changes in the area of transfer pricing.
Florian Navisotschnigg ist in der Steuerberatung im Transfer Pricing Team bei Deloitte Wien beschäftigt. Dabei berät er multinationale Unternehmen bei verrechnungspreisspezifischen Fragestellungen.