…course of such a refund procedure the Austrian tax authorities may open an investigation as to whether the Swiss holding company is actually the beneficial owner of the profit distribution or whether in accordance with the respective Austrian tax law the distribution has to be…

…1995, the ex-date being the 10th May, but due to unforseeable circumstances the actual transfer of the shares had taken place only on 12th May, 1995 (2 days after the distbribution of the dividends) then it will still be the buyer who is entitled…

…claim treaty benefits under the Austro-Luxembourg Double Taxation Convention; whether such entities are actually made liable to tax or are exempted therefrom in Luxembourg is not considered to be of relevance in the given context. This was confirmed by a mutual agreement procedure conducted…

…in a first step, it has to be ascertained which functions are actually performed by the Austrian head office and which are rendered at the site in China. In a second step it has then to be evaluated what amount an independent enterprise might have…