Legal Awards 2013

Page 62

Client Choice - Tax Law Advisory Firm of the Year in Austria

Bilanz Data Wirtschaftstreuhand GmbH Erich Baier, MBA, LL.M. (Int’l Tax Law) TEP Certified Tax Advisor Tel: +43 1 516 12 0 baier@austrian-taxes.com www.austrian-taxes.com

Bilanz-Data Wirtschaftstreuhand GmbH is a Viennese based tax

law and accounting firm, which was established by Erich Baier in 1986. It provides tax advice and tax planning to its domestic and

and Trust Centres.

Austria serves as a perfect centre for global investments as it does

international clients. The firm also provides clients with corpo-

not combat any offshore countries or tax havens. Instead it enters

accounting, setting up annual accounts and preparing and filing

with other jurisdictions, currently 89, include: Barbados, Belize,

rate services such as: financial accounting, book keeping, payroll tax returns. As he is a Certified Tax Advisor, Mr Baier, along with

the firm, is entitled to represent clients before the tax administra-

into tax treaties with these countries. Its extensive tax treaty network Cyprus, UAE, Bahrain, Hong Kong and Liechtenstein.

Based on domestic legislation Austrian companies can obtain

tion, and therefore also provide tax litigation services.

dividend income and capital gains resulting from the sale of shares

Bilanz-Data Wirtschaftstreuhand GmbH’s other practice areas

has a tax treaty with such a foreign jurisdiction or not. This leads to

include: corporate and individual tax planning; inheritance and

gift tax planning; corporate reorganisations; mergers; tax litigation;

representation of clients in front of tax authorities; working out and obtaining advance tax rulings with respect to the tax consequences of planned transactions; VAT matters; tax aspects of the establishment of companies and corporations; fiduciary services; nominee and trustee services; and administration services.

Erich Baier, MBA, LL.M., TEP is the director and CEO of Bilanz

Data Wirtschaftstreuhand GmbH. He has practised international tax law, the main area of business of his tax law offices, for more

in foreign jurisdictions free of any taxes, irrespective whether Austria the fact that an Austrian company can hold shares in, for example, a Cayman Islands company, and can obtain dividends from that

company as well as capital gains resulting from the sale of the shares of this Cayman Islands company tax exempt.

In April 2013, as EU pressure increased on Austria to relax its

controversial banking secrecy laws, Austria’s finance minister,

Maria Fekter, argued that the EU should not force Austria to amend its banking laws while the UK has tax havens such as the Channel Islands in its jurisdiction.

The tax administration in Austria is cooperative and liberal, and

than 25 years. As a member of the board of a large number of Aus-

is willing to issue binding rulings. Bilanz-Data Wirtschaftstreuhand

field of business.

The firm pre-negotiates certain structures or cross-border tax plan-

trian private foundations, he has gained significant practice in this Mr Baier is a member of the American Tax Institute in Europe

and deputy president of the Commission on Inheritance and Estate Tax within the International Association of Lawyers. He is also a

GmbH is often active in this field of business on behalf of its clients. ning with the tax administration upfront, thus providing the clients with a smooth path into their tax world.

Austria has the world’s best Group Taxation System, which allows

member of the International Bar Association and of the National

the Austrian company to off-set losses from its domestic tax base,

dition, he is a member of international associations of accountants

50% and the foreign subsidiary stays in the group for at least three

Association of Tax Practitioners in the USA and the APOI. In ad-

and tax-lawyers, with 100 offices in more than 25 countries around the world which helps to provide clients with fast and reliable

provided that the shareholding in such a foreign company exceeds years.

Austrian does not know any CFC legislation or any debt equity ra-

consulting.

tios or thin cap rules. Interest paid to foreign lenders are not exposed

ics and Business Administration in Vienna on international taxa-

foreign lender is having its seat, and are fully tax deductible.

Furthermore, Mr Baier has lectured at the University of Econom-

tion. He has contributed to a book dealing with the fiscal aspects

to any withholding tax at source in Austria, regardless of where the

Another important part of the Austrian tax system is the Austrian

of M&A, seen from the domestic and international point of view,

Reorganisation Tax Act. This makes it possible to execute cross-

uted to include: International Tax Systems and Planning Tech-

free of any taxes.

which was published in Austria, 1995. Other books he has contrib-

62

niques; Trusts in Prime Jurisdictions; and World’s Leading Financial

Legal Awards 2013

border mergers and spin-offs and similar company reorganisations


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