If you have moved from Austria to another EU or EEA state such as Malta, you usually did not have to pay tax on the increase in value of your shareholdings straight away. The tax office calculated the tax but deferred it. The Budget Measures Act 2026 (Budgetmaßnahmengesetz 2026) now ties this deferral to a new obligation. If your deferred gains exceed €100,000, the tax office (Finanzamt) now requires proof that you have not yet sold the shares concerned. The deadline for anyone who has already moved away is 31 December 2026.
At a glance: the new proof obligation and its year-end deadline
- The legal basis is the Budget Measures Act 2026 (Austrian Federal Law Gazette, BGBl. I Nr. 43/2026), published on 30 June 2026.
- The obligation only applies if the deferred amount or the income arising from the move exceeds €100,000.
- Already moved away: if the tax office decided on your case before 1 July 2026, proof is due once, by 31 December 2026.
- Moving from now on: if the formal decision (Bescheid) is issued after 30 June 2026, proof is due every year.
- In new cases, failure to provide proof is treated as a sale. The deferred tax is then assessed and becomes payable.
What is exit tax, and what is changing?
If you leave Austria, the state often loses the right to tax future gains on your securities and shareholdings, such as shares in a GmbH (an Austrian limited company) or other shares. For this reason, the law treats the move as if you had sold these assets. Tax is charged on the increase in value built up to the day you leave.
If you move to an EU or EEA state, you can apply to defer this tax rather than pay it immediately. The tax office states the amount in its decision but asks for payment only once you actually sell the shares or another event occurs that triggers the tax. The law calls this deferral Nichtfestsetzung (literally "non-assessment").
The change is that the tax office no longer relies on learning of a sale. If the deferred gains from your move exceed €100,000, it is now for you to show that no such event has yet occurred.
Are you affected?
The law distinguishes between two groups. The deciding factor is the date of the decision by which the tax office deferred your tax.
Decision before 1 July 2026: you have already moved away
This rule applies to you if all three of the following conditions are met:
- The tax office issued a decision before 1 July 2026 on a tax liability that arose after 31 December 2005.
- The tax has still not been fully assessed.
- The amount that was not assessed at the time exceeds €100,000.
This covers decisions under the Income Tax Act, the Corporate Income Tax Act and the Reorganisation Tax Act (Einkommensteuergesetz, Körperschaftsteuergesetz, Umgründungssteuergesetz). This also includes, for example, older deferrals following a transfer of business assets or a contribution of assets to a company (Einbringung). You must provide this proof once, by 31 December 2026.
Decision after 30 June 2026: you are moving now or in the future
If the decision on your deferral is issued after 30 June 2026 and the income arising from your move exceeds €100,000 in total in one assessment year, the proof obligation applies every year. The first proof covers the year in which the deferral was granted and is due by the end of the following year.
For example, if the decision is issued in 2027, the first proof is due by 31 December 2028. After that, a further proof is due every year until the tax is assessed.
Deferred gains below €100,000
If the deferred gains from your move are below €100,000, there is no annual proof obligation. If you sell the shares or another event occurs that triggers the tax, you must still report this to the tax office, according to the specialist literature.
What the proof must contain
You submit the proof to the competent tax office, either in writing or via FinanzOnline, the Austrian tax administration's online portal. It must contain:
- Your current address.
- Evidence that no event has yet occurred that triggers the assessment of the tax.
The specialist literature gives examples of suitable evidence, such as a current securities account statement or an extract from the Austrian commercial register (Firmenbuchauszug). The obligation also applies to legal successors, such as heirs.
What happens if you miss the deadline?
The consequences differ depending on the group.
New cases: The law treats failure to provide proof as a sale. The tax office then assesses the deferred tax, which becomes payable. If the proof is only incomplete, the tax office must first ask you to complete it within a reasonable period.
Those who have already moved away: The law does not provide for automatic assessment for this group. Specialist articles, for example from KPMG Austria, point out that penalties under Austrian fiscal criminal law (Finanzstrafrecht) and additional investigations by the authorities may be possible under certain circumstances. Anyone affected should take the deadline seriously.
What this means for a move to Malta
Malta is an EU member state, so deferring exit tax remains possible when you move to Malta. If the income arising from the move exceeds €100,000, though, the deferral brings with it an annual obligation that runs for many years. This obligation should form part of your planning from the outset.
It makes sense to look at both sides together. Which shareholdings are affected, when will the move take place, and what will your structure in Malta look like? Your Austrian tax adviser handles the filing with the Austrian tax office.
DW&P takes care of the Maltese side: assessing whether Malta suits your situation, your tax structure and your relocation to Malta.
Anyone moving their residence to Malta should also know about the changes to Malta's residence programmes from 2027. See also: Malta Merges Its Tax Programmes for New Residents: What the Individual Tax Programme Changes from 2027.
Frequently asked questions
I moved to Malta a few years ago. Do I need to do anything by the end of 2026?
Yes, if the tax office deferred your exit tax at the time, the deferred amount exceeds €100,000 and the tax has still not been assessed. In that case, you must provide proof once, by 31 December 2026. Your Austrian tax adviser can check the original decision to confirm whether this applies to you.
How do I submit the proof?
In writing to the competent tax office or via FinanzOnline. It must state your current address and show that you have not yet sold the shares concerned and that no other event has occurred that triggers the tax.
Does the obligation also apply if the deferred gains are below €100,000?
No, in that case there is no annual proof obligation. According to the specialist literature, a sale or another event that triggers the tax must still be reported.
What happens if I miss the deadline?
In new cases, failure to provide proof is treated as a sale, and the deferred tax becomes due. For people who have already moved away, the law does not provide for automatic assessment, but specialist articles suggest that penalties under fiscal criminal law may follow under certain circumstances.
Do my heirs also have to provide the proof?
Yes. The law expressly extends the obligation to legal successors.
Does this also apply to a move to Switzerland?
The new proof obligation attaches to a deferral that the law grants only for a move to an EU or EEA state. Switzerland is a member of neither, so you should have the consequences of a move there reviewed separately.
Next step
Are you planning a move to Malta and wondering how Austrian exit tax fits with your structure in Malta? We would be glad to discuss this with you. Book a free 30-minute initial consultation.
Sources: Budget Measures Act 2026 (Budgetmaßnahmengesetz 2026), Austrian Federal Law Gazette BGBl. I Nr. 43/2026, published on 30 June 2026, available at ris.bka.gv.at, in particular § 27 Abs. 6 Z 1 lit. b and f and § 124b Z 493 EStG 1988 (Austrian Income Tax Act); § 27 Abs. 6 Z 1 EStG 1988 as currently in force, available at ris.bka.gv.at; KPMG Austria, Tax News "Verschärfung der Wegzugsbesteuerung" (Tightening of exit taxation), 23 September 2026.
This document does not replace individual tax advice.
