unternehmensnachfolge-anwalt.at
Mag. Bernhard Brandauer, Rechtsanwalt
How children may continue an Austrian tax advisory office after the professional's death, including the curator, deadlines, documents and statutory limits.
When children want to continue the tax advisory office of a deceased professional, being an heir is not enough by itself. Section 114 of the Austrian WTBG 2017 includes the children of the deceased professional among those who may be entitled to continue the office. Section 117 WTBG 2017 additionally requires the office to pass into the children's exclusive ownership and requires a practice curator to be nominated or appointed.
Two dates must be kept separate. The practice curator must be nominated, or an appointment must be requested from the Chamber, without delay and no later than four weeks after the death. The written application for approval of the continuation must be filed with the Chamber of Tax Consultants and Public Accountants no later than four weeks after the estate has been transferred to the heirs. This special regime concerns the professional office itself. General retention of old tax records and the transfer of GmbH shares require separate checks.
The check separates the children's entitlement, the practice curator, the application and the time limit. You can send the result with the key details to the firm.
Already know you want to get in touch? Go straight to the enquiry form.
Choose the point at which continuation of the tax advisory office is currently blocked.
For the children's entitlement to continue the office, it must pass into their exclusive ownership through succession on death or a gift in contemplation of death. Keep the relevant documents ready and distinguish this issue from the mere status of heir.
The children or their legal representatives may jointly nominate a practice curator. If no nomination is made, the Chamber may appoint one. The curator must be authorised to practise the relevant public-accounting profession independently.
The curator must be nominated, or an appointment requested, without delay and no later than four weeks after the death. The written application for approval must be filed no later than four weeks after the estate has been transferred to the heirs. The attachments include, among other things, the succession documents, curator documents, written agreement and proof of professional indemnity insurance.
The children's right ends under the time, age and disposal limits in section 117(4) WTBG 2017. The relevant event may be five years after the transfer of the estate, the age of the youngest child, the end of continuous work as a trainee or authorised professional after age 30, subject to the absolute age limit, or disposal of the office. The decisive condition must be identified from the family and office records.
Section 114 WTBG 2017 includes the children of the deceased professional among those who may continue the office. The specific condition for children is set out in section 117. The office must pass into the exclusive ownership of children within the meaning of section 56(2) WTBG 2017 through succession on death or a gift in contemplation of death.
Ownership of the office therefore needs its own review. Being a relative or holding an economic interest does not answer that question. If there are several children, the documents should show whether the office is assigned exclusively to the children entitled to continue it. The succession documents should be placed in the procedure file from the outset.
The article on representation of an unrepresented estate before the tax authority covers a different issue. It concerns representation in a tax procedure, while this article concerns the professional continuation of a public-accounting office.
Under section 117(1) WTBG 2017, the children's continuation right also requires the children or their legal representatives to jointly nominate a practice curator. Alternatively, the Chamber of Tax Consultants and Public Accountants may appoint one. The nomination is therefore part of the statutory conditions, not merely an administrative convenience.
The practice curator must be authorised to practise the relevant public-accounting profession independently. That professional authority must be compared with the actual work of the office. Someone who only provides organisational assistance does not automatically meet this requirement.
The office may be continued only in the name and for the account of the children or their legal representatives. The curator's own work, billing and office matters should therefore be recorded separately.
Section 119 WTBG 2017 contains two different four-week periods. Prospective persons entitled to continue the office must nominate a practice curator, or request an appointment by the Chamber, without delay and no later than four weeks from the date of death. This period begins with the death.
The application for approval of the continuation must be filed in writing with the Chamber no later than four weeks after the estate has been transferred to the heirs. This period therefore begins at a different point. The date of death and the estate-transfer date should be recorded in separate checklists.
The application must include documents showing the names of the persons entitled to continue, all documents establishing the continuation right, the documents concerning the nominated curator, the written agreement with the curator and proof of professional indemnity insurance. The existing article on documents for the first succession consultation helps with general file organisation, but it does not replace the specific attachments required by section 119 WTBG.
Under section 120(3) WTBG 2017, the office is continued provisionally, for the account of the estate, until the estate has been transferred to the heirs by a final probate decision. Approval of the continuation is treated as provisional during that period. This organises the transition, but it does not determine the final distribution of the estate.
For ongoing work, record who acts in the name and for the account of the estate, which matters remain open and which documents have been provided to the Chamber or the curator. The working file should make the provisional nature of the continuation clear.
If no nomination is made or the relevant documents are not produced, section 120(2) WTBG requires the Chamber to appoint a practice curator ex officio. Whether the statutory conditions for continuation are satisfied still depends on the documents in the individual matter.
Section 117(4) WTBG 2017 limits the children's continuation right. The provision names the expiry of five years after the estate transfer, subject to the youngest child reaching age 30, the youngest child's reaching age 30, the end of continuous work as a trainee or authorised professional after age 30 with an absolute upper age limit of 35, and disposal of the public-accounting office.
The first decisive limit depends on the date of the estate transfer, the ages and professional activity of the children and any decision to dispose of the office. The family should therefore record a possible end date and the underlying facts already during provisional continuation.
The time limit must be distinguished from the initial approval. Even where continuation is approved, the family must later check whether a statutory end condition has occurred or the office has been disposed of.
Proof of professional indemnity insurance is expressly listed as an attachment to the application. Section 119 WTBG names the proof, but the provisions reviewed here do not set a flat insurance amount. The actual coverage and its period should therefore be checked against the office and the insurance contract.
For practical organisation, prepare separate lists of ongoing engagements, deadlines, outstanding fees, third-party funds, powers of attorney and access credentials. This is a working basis. It does not replace the statutory documents or the review of professional authority.
General retention of tax books and records during a business transfer is a separate issue. The article on retention of old records addresses it. A corporate interest requires a separate review of the articles of association before succession.
No. Section 117 WTBG 2017 requires, in addition to the transfer into the children's exclusive ownership, the joint nomination of a practice curator by the children or their legal representatives, or an appointment by the Chamber. The curator must be authorised to practise the relevant profession independently.
The nomination, or the request for an appointment, must be made without delay and no later than four weeks after the date of death. This is separate from the later period for the application to approve continuation after the estate transfer.
Under section 119 WTBG 2017, the written application must be filed with the Chamber no later than four weeks after the estate has been transferred to the heirs. The statutory documents and proof of professional indemnity insurance must be attached.
Until the estate is transferred to the heirs by a final probate decision, section 120(3) WTBG 2017 provides for provisional continuation for the account of the estate. Approval of the continuation is provisional during that period.
Book an initial consultation. We clarify the legal framework, critical documents and next steps. Callback within one working day.
Contact us