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Österreichische Volksbanken-Aktiengesellschaft ... - Volksbank AG

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deemed to be, derived from sources in the Republic of Austria; it being understood<br />

that the Austrian Kapitalertragsteuer (capital-yields tax), as in effect at the time of<br />

the issue of the Notes, is a tax falling under this sub-paragraph (b) and with respect<br />

to which, accordingly, no additional amounts will be payable; or<br />

(c) where such deduction or withholding is imposed on a payment to an individual and<br />

is required to be made pursuant to European Council Directive 2003/48/EC or any<br />

other European Union Directive implementing the conclusions of the ECOFIN<br />

Council meeting of 26-27 November 2000 on the taxation of savings income or<br />

any law implementing or complying with, or introduced in order to conform to,<br />

such Directive; or<br />

(d) are payable by reason of a change in law that becomes effective more than 30 days<br />

after the relevant payment becomes due, or is provided for and notice thereof is<br />

given in accordance with § 11 whichever occurs later; or<br />

(e) by or on behalf of a Noteholder which would have been able to avoid such withholding<br />

or deduction by presenting the Note to a Paying Agent in another Member<br />

State of the European Union.<br />

Any reference in these Conditions to interest and/or principal shall be deemed also to refer<br />

to any additional amounts which may be payable under this § 6.<br />

(2) Without tax gross-up. In the case of Notes for which according to the Final Terms (item<br />

40) no tax gross-up is payable, the following shall apply:<br />

All payments of principal and interest in respect of the Notes will be made free and clear<br />

of, and without withholding or deduction for, any taxes, duties, assessments or governmental<br />

charges of whatever nature imposed, levied, collected, withheld or assessed by the<br />

Republic of Austria or any political subdivision or any authority of or in the Republic of<br />

Austria that has power to tax, unless that withholding or deduction is already or shall in<br />

the future be required by law. In that event, the Issuer will make such deductions or withholding<br />

and pay the amounts deducted or withheld to the competent authority.<br />

The Issuer will not be obliged to pay any additional amounts of principal and/or interest<br />

as a result of such deduction or withholding.<br />

(3) Tax information. Information regarding the tax treatment of the Noteholders is contained<br />

in the Base Prospectus of the EUR 3,000,000,000 Issuance Programme dated 11<br />

June 2007, or, in the discretion of the Issuer, in the Final Terms (item 41). Investors with<br />

a residence in another member state of the European Union than the Republic of Austria<br />

(the place of residence is deemed situated in such country which has issued the passport<br />

or identity card of the person obliged to pay taxes) should be aware that pursuant to the<br />

European Directive on the taxation of savings income, savings income may be subject to<br />

a taxation at the source.<br />

§ 7<br />

88

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