Dissolved partnership and its legal capacity

According to the Austrian Supreme Administrative Court (VwGH), a partnership retains its legal capacity until its termination, but in any case, for as long as any legal relationships with third parties remain unsettled.

Pending assessment proceedings are also considered such unsettled legal relationships. Therefore, any assessment notices that are still to be issued can be validly served to the partnership.

VwGH 18.06.2024, Ra 2023/13/0187