M&A transactions and real estate transfer tax – tightening, practice, structuring

In a recent Business Circle interview, Wolf Theiss partner Sarah Wared outlines how Austria’s 2025 real estate transfer tax reform will reshape M&A dealmaking.

Key insights:

1. Earlier tax integration becomes essential. The reform doesn’t mainly increase tax but changes transaction logic: thresholds shift, taxable events expand and established RETT‑structuring tools – especially around share deals – become less predictable.
2. Hidden pitfalls may arise where no one expects them. New multi‑level shareholding rules under the BBG 2025 can trigger unforeseen risks and require a fundamental rethink of structuring approaches.
3. A broader control‑based view replaces formal ownership percentages. This economic assessment of influence and control makes future tax planning more complex and less steerable.

Read the full interview published by Business Circle here