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Investment tax law

Our Financial Services Tax team specialises in particular in tax and business law consultancy in the context of investment assets. It is here in particular that have observed dramatic changes such as the implementation of the AIFM Directive by the KAGB and the associated adjustment of the Investment Tax Act.

Our range of consulting services in detail:

Investment management, funds and capital transfer tax (KVGen)

  • Fiscal and legal consultancy for UCITS investment funds and AIF (mutual and special funds, hedge funds, umbrella funds, open and closed funds, real estate funds, etc.) domestic and foreign funds,
  • Calculation and auditing of the tax bases,
  • Tax compliance: Issuing the tax certificate as per § 5 Investment Tax Act (InvStG) for domestic and foreign investment assets,
  • Conceptual design of funds and similar vehicles,
  • Opinions on specific questions of the Investment Tax Act and related issues (e.g. sales tax implications of outsourcing in banks, financial service providers and capital management companies),
  • Determining the fund dividend income.


  • Consultancy on computing the daily figures (interim profit, real estate profit, share profit, etc.)
  • Infrastructure for tax reporting,
  • Consultancy on clearing solutions.

Credit institutions/banks

  • Advice on all bank-specific aspects of settlement tax,
  • Providing support in implementing settlement tax,
  • Auditing IT-based tax calculation programs,
  • Preparation of annual certificates/annual tax certificates.

Asset Management

  • Auditing the tax compliance of domestic and foreign investment funds,
  • Advice on the transition to KAGB and AIFMD compliance,
  • Auditing the application of the Investment Tax Act to foreign funds,
  • Tax due diligence,
  • Outsourcing.

Financial products

  • Taxation of derivatives and other structured financial instruments,
  • Tax modelling issues for (new) capital investments,
  • Settlement tax.


  • Capital gains tax law,
  • Computing taxes: regular and extraordinary income,
  • Modelling consultancy with regard to the investor's dividend income for corporate investors,
  • Consultancy on capital gains tax refunds - ECJ rulings,
  • Treatment of investment income in the scope of accounting by institutional investors (IFRS),
  • Auditing IT-based tax calculation programs,
  • Fiscal analysis of securities portfolios for private and institutional investors,
  • Consultancy in the field of capital gains tax for private and corporate investors.

Private clients

  • Support in the scope of the declaration in particular of income from investments - capital gains tax,
  • Retroactive declarations, voluntary declarations.