CJEU on cumulative intra-Community acquisitions

The CJEU has ruled (7.7.2022, C-696/20, Dyrektor Izby Skarbowej w W) that, in general, a cumulative intra-Community acquisition of goods can also occur in the Member State in which the transport began if the acquirer uses a VAT ID number of that Member State. However, there is no cumulative intra-Community acquisition of goods if the […]

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COVID-19 phased payment plans: Ordinance on phase 2 – evidence of ability to pay

The Austrian Minister of Finance has issued an Ordinance regarding the formal requirements for evidence of the ability to pay in connection with applications for phase°2 of the COVID-19 phased payment plan. The ordinance entered into force on 1 August 2022. To mitigate the financial impacts of the COVID-19 pandemic, the Austrian Federal Fiscal Code (BAO) […]

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Increase of interest rates in the Austrian Federal Tax Code (BAO)

Due to the increase of the key ECB interest rate by 0.5%, changes to deferral interest, interest for suspension, claim interest (interest for subsequent payments and credits), appeal interest, as well as VAT interest have occurred. The European Central Bank raised its key interest rate with effect from 27 July 2022. Due to the automatic adjustment, […]

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Inflation relief package(s) / new tax-exempt inflation bonus

The Austrian government has announced relief packages to mitigate the impacts on the population due to the huge wave of inflation. The first inflation relief package (part 1) was passed by the Austrian parliament at the end of June and was published in the Austrian Federal Law Gazette (BGBl.) on 30 June 2022. The package included […]

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Austrian Parliament approves energy costs subsidy for businesses

On 6 July 2022, the Austrian Parliament passed the Business Energy Costs Subsidy Act (UEZG). The approval of the Federal Council followed on 13 July 2022. It remains to be seen whether the European Commission will approve or at least not block the legislation, with publication in the Federal Law Gazette to follow. The declared goal of […]

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Current restrictions on distributions and bonus payments in connection with COVID-19 subsidies

Austrian ordinances regarding the various COVID-19 subsidies contain a range of bans, restrictions, and limitations applicable to dividend and bonus payments, some of which have already expired. This article provides a brief overview of the current COVID-19 subsidies, as well as the restrictions on distributions and bonus payments that still need to be observed in […]

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Austrian Tax Amendment Act 2022 – government bill published

The government bill for the Austrian Tax Amendment Act 2022 (AbgÄG 2022) was published in mid-June. Confirmation of the final version is expected before the summer recess. The AbgÄG 2022 contains numerous minor adjustments and changes related to income taxation, VAT, and procedural law. Tax changes relating to the previously announced inflation package, particularly the abolition of […]

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Changes concerning withholding tax for Software-as-a-Service and Infrastructure-as-a-Service

Under many Austrian double tax treaties, the remuneration for “industrial, commercial or scientific equipment” is treated as royalties subject to withholding tax (WHT). In a change from the previous interpretation, the Austrian Ministry of Finance has now stated that intangible assets (e.g. software) do not fall under the category of “equipment”. This has significant implications […]

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Quota system: New extension of deadline for tax returns for 2020

As previously reported in our Tax Newsletter of 16 March 2022, the grace period for the submission of tax returns for 2020 for taxpayers with tax representatives was initially extended by three months (from 31 March 2022) to 30 June 2022. The Austrian Ministry of Finance (BMF) has now extended this period by a further three months […]

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New extension of deadline for shareholder meetings and financial statements

On 19 May 2022, the Austrian Parliament resolved to again extend the deadlines for the preparation, adoption, and disclosure of financial statements, as well as for the holding of annual general meetings. We provide an overview of the current changes below: Preparation and disclosure of financial statements Hitherto, the following rule applied: If the preparation […]

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