FUITH Rechtsanwälte

Can a foundation acquire agricultural land?

Von Mag. Martin Fuith, LL.M.

Last updated:

Yes. By reason of the free movement of capital, any EU national — regardless of citizenship, corporate seat, or other conditions — may acquire agricultural and forestry land in Austria, provided proper cultivation is ensured.

By reason of the free movement of capital, any EU national — regardless of nationality, the registered seat of their enterprise, or any other personal condition — may acquire agricultural and forestry land in Austria, and in particular in Tyrol, provided that proper cultivation of the land is ensured.

The transfer of agricultural or forestry assets to a foundation is one of the transactions that falls within the scope of the free movement of capital.