Fund mergers

The Investment Fund Act (InvFG) allows one investment fund to be merged with another. The conditions that need to be met are approval by the Financial Market Authority and an appropriate announcement. When two funds are merged, the assets of one fund are transferred to the assets of another. The transferor fund then ceases to exist. The subscription ratio is determined according to the assets of the two funds, and the unit holders of the transferor fund then become unit holders of the transferee (merged) fund. From the perspective of the unit holders, a merger does not constitute a sale under tax law.

In order to finalize the tax situation of the transferring fund (which will no longer exist in the future), the transferring fund may make a distribution in the amount of the accrued capital gains tax immediately prior to the merger.