The Institute for Austrian and International Tax Law in cooperation with the Doctoral Program for International Business Taxation organized the conference:

"Controlled Foreign Company Legislation"

It took place from July 4-6, 2019 in Rust (Burgenland), Austria.

This conference focused on Controlled Foreign Company (“CFC”) legislations. CFC rules as anti-abuse provisions have been increasingly gaining in importance. The format of the conference provided for a highly interactive environment in which reporters from all over the world shared their experience and research findings on how CFC rules are implemented in their jurisdictions, on the relationship between their CFC legislation and tax treaties/constitutional law/EU law, and on the shortcomings of the current CFC rules. They also provided recommendations on how to increase the effectiveness of their CFC legislation. The national reporters addressed various aspects in relation to their CFC legislation. The discussion started with an overview of the characteristics of the countries’ CFC legislation, including policy considerations and a legal analysis. Further on, reporters from EU-Member States addressed the status of implementation of Art 7 and 8 Anti-Tax Avoidance Directive (ATAD) in their country. In addition, reporters gave a critical analysis of their CFC legislation, providing insights to current flaws, potential improvements, additional compliance burdens arising from their application and the need to strike a balance between the mechanical nature of CFC rules and the effectiveness of more subjective anti-abuse provisions. Using the comparative approach in the analysis, we aimed to provide the practical assessment of CFC rules as anti-abuse provisions, their effectiveness and their expected practical impact in the future.

Additionally we invited doctoral candidates in this field to apply for a doctorate workshop preceding the conference, in which they presented their research to an interested audience.

• Invitation

• Questionnaire