Popular investment vehicles in Austria

Updated on December 2023.

Investment vehicle

  • Real estate investment fund (ImmoInvF)

1. Form

  • Contractual

2. Tax Treatment

  • Exempt at fund level
  • Tax at investor level
  • Gains from sale/disposal of fund units taxable at investor level
  • Double taxation treaties may apply on the fund level in case of real estate located outside of Austria

3. Transfer Tax

  • Real estate transfer tax of 3.5% (generally calculated on the basis of the consideration (e.g.  purchase price))
  • Stamp duty on the mortgage agreement
  • Registration fees applicable to the mortgage

4. Listable

  • Yes

5. Open- or closed-ended

  • Open-ended

6. Regulatory Supervision

  • Regulated as a licensed AIFM
  • In addition, the management company is licensed as a credit institution

7. Investor Restrictions

  • No (sanctions regulations may apply)

8. Best Feature

  • Final withholding tax at special rate (no inclusion into the tax return, unless opted otherwise) available in many cases
  • Assets are held on trust for the unitholders (and can be segregated in the insolvency of the management company)

9. Worst Feature

  • Statutory investment restrictions
  • Fund rules are subject to regulatory approval

10. Best Used For

  • Real estate

Disclaimer: “Information in this guide for any particular country or topic may have been subject to change since the date to which it was prepared”

Portrait ofWalter Gapp
Walter Gapp
Partner
Vienna