On March 8th, 2022, the Austrian Supreme Administrative Court stated that the Austrian taxation of non-securitized derivatives violates the freedom to provide services in the meaning of Article 56 TFEU. Matthias Hofstätter and Patrick Brünner analyze the decision and its impacts on the taxation of non-securitized derivatives and discuss the consequences of derivative trading of Austrian tax residents in relation to non-EU member states. Furthermore, this article points out the legal amendments regarding the voluntary deduction of capital gains tax (KESt) by the Environmentally Responsible Tax Reform (Ökosoziale Steuerreform) and its compatibility with the free movement of capital (Article 63 TFEU).
