Austrian case law: Asset deal constitutes a new lease agreement for VAT purposes

The Austrian Supreme Administrative Court (VwGH) has decided that in the event of an asset deal (e.g. sale of a building) with singular succession (rights transferred individually), a new lease agreement is created for VAT purposes. In practice, this means that after the sale, a lease of business premises that is subject to VAT is […]

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Austrian National Council approves COVID-19 support measures in tax law

On 21 December 2021, the Austrian Parliament passed two legislative packages on pandemic-related support measures. These concern both tax relief in the Income Tax Act (EStG), Corporate Income Tax Act (KStG), VAT Act (UStG) and others, as well as simplifications in connection with tax payments. Here we have provided an overview of the key points: Income […]

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Eco-social tax reform 2022: Changes to the draft legislation

On 15 December 2021, the bill of the Austrian Eco-social Tax Reform Act 2022 was published. Below we provide an overview of the most relevant changes between the consultation draft and the bill (see German Tax Newsletter of 12 November 2021): Tax-free employee participation in profits From the year 2022, employees are to be eligible […]

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Austrian VAT Guidelines 2021 published

The yearly amendment to the Austrian VAT Guidelines (UStR) was published on 6 December 2021. Here we provide you with an overview of the most relevant changes: Changes in connection with VAT groups In items 233 and 241, the Guidelines have been amended to reflect CJEU case law regarding the cases M-GmbH (CJEU 15.4.2021, C-868/19) and Danske […]

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Intrastat: Changes as of January 2022

In addition to the annual adjustments for Intrastat-declarations (e.g. update of CN8-Codes), new regulations will apply as of the reporting month January 2022 due to the regulations (EU) 2019/2152 und (EU) 2020/1197. In the following, we summarize the most important key aspects. Information to be reported The following information must be indicated: The nature of […]

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Extension of COVID-19 subsidies

On 19 November 2021, the Austrian Ministry of Finance announced via press release that certain existing COVID-19 subsidies will be extended due to the new lockdown. In the following entry, we provide information about the most important points: Revenue shortfall bonus III The revenue shortfall bonus (“RSB”) will be extended a third time (“RSB III”) and will be […]

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COVID-19 Fixed Costs Subsidy 800,000

The Guidelines on the Fixed Costs Subsidy 800,000 (“FCS 800k”) entered into force in November 2020 and were amended on 16 February 2021 and 22 November 2021. In the following entry (last updated 23 November 2021), we provide information on the most important points, including these amendments: General prerequisites for application Companies which have their […]

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COVID-19: Compensation for Losses

The Guidelines on Compensation for Losses initially entered into force in December 2020 and were subsequently amended on 16 February 2021 and 22 November 2021. In the following entry (last updated 23 November 2021), we provide information on the most important points, including the changes arising from the amendments: General prerequisites for application Companies which […]

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Update on Current COVID-19 Subsidies

To continue to support Austrian companies which have suffered financially from the impacts of the coronavirus pandemic, the Austrian Federal Government has extended existing COVID-19 subsidy instruments and made some requirements more stringent. In the following contribution (last updated 23 November 2021), we will inform you about the most important points of the previous COVID-19 […]

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Update: New investment premium as an incentive for companies

The COVID-19 investment premium is intended to incentivise business investments and counteract the current reluctance of Austrian companies to invest. The Austrian Investment Premium Act (InvPrG) initially entered into force on 25 July 2020, and was last updated on 28 May 2021. The relevant funding guidelines were announced on 11 August 2020 and adapted on […]

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