The European Commission today referred Austria, Germany and Portugal to the European Court of Justice over discriminatory tax provisions, due to their failure to comply with reasoned opinions issued by the Commission. Austrian rules on fiscal representatives

The Commission considers that the Austrian rules which request foreign investment funds, real estate funds and credit institutions to appoint a fiscal representative result in discriminatory treatment. The Commission also considers that the prohibition for foreign credit institutions and certified public accountants to be appointed as fiscal representatives for investors in investment funds or real estate funds are discriminatory and incompatible with the freedom to provide services.
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