Relief measures from NEHG (Austrian National Emissions Certificates Trading Law) for energy-intensive businesses and carbon leakage
Since 1 October 2024 there is the option to apply via NEIS for the relief measures for energy-intensive businesses and businesses at risk of carbon leakage for the years 2022 and 2023. The application is to be filed until 30 November 2024. The option to partial refund of the paid NEHG tax is intended to […]
Resolved and planned legal amendments in the area of the Austrian Value Added Tax Act (UStG) and the EU Deforestation Regulation
In October 2024, due to the Austrian Progression Compensation Act 2025, there was an amendment to the UStG. Furthermore, the European Commission and the Council have adopted an amendment to the EU Deforestation Regulation. Amendment to the UStG The turnover limit for the applicability of the small business exemption will be raised from EUR 42,000 […]
BMF (Austrian Federal Ministry of Finance) on value added tax on one-way packaging
The BMF confirms that deposits on one-way packaging are not part of the taxable base for Value Added Tax (VAT) purposes for the concerned beverage deliveries and are therefore not subject to VAT. Also, returning the deposit amounts when returning the one-way beverage packaging is not subject to VAT. Description As of 1 January 2025, […]
Intrastat – New developments when using the One Stop Shop (EU OSS) for distance sellers located outside of Austria
Since January 2024, an amendment in connection with the Intrastat reporting obligations is applied regarding distance sellers located outside of Austria. Amendment as of the reporting year 1 January 2024 No Intrastat declaration obligation applies anymore as of the reporting year 1 January 2024, if economic operators not located in Austria arrange for intra-Community distance […]
Electricity levy when using self-generated electricity from renewable energy sources
The Austrian Government has continuously simplified and promoted using self-generated electricity from renewable energy sources (e.g. installing and operating photovoltaic systems) via several measures for companies as well. However, tax-related issues must be addressed if self-generated electricity is used e.g. via a photovoltaic system. Legal Background In principle, the supply and the use of electrical […]
Opting for taxation according to sec 6 para 2 Austrian VAT Act in the case of a subtenancy agreement and the sale of the property
In a letter to the Austrian Chamber of Tax Advisers and Public Accountants (KSW) on 26 April 2024, the Ministry of Finance (BMF) commented on the possibility to opt for taxation in section 6 para. 2 Austrian VAT Act (hereinafter UStG) in connection with the sale of the property in the case of a sublease. […]
New due diligence and reporting obligations for imports and exports as of 1 January 2025
The EU Deforestation Regulation (EU) 2023/1115 (EUDR) enters gradually into force as at 1 January 2025. Without prior submission of a due diligence statement, companies are not permitted to place the respective products on the market or to export them. The EUDR replaces the EU Timber Regulation (EU) 995/2010, which is currently in force. It […]
Austrian Ministry of Finance (BMF) publishes draft of the Austrian Tax Amendment Act 2024
On 3 May 2024, the Austrian Ministry of Finance (BMF) published a draft of the AbgÄG 2024 (Austrian Tax Amendment Act 2024; AbgÄG 2024). This draft includes, in particular, the following significant amendments: Income tax With the AbgÄG 2023, contributions of a partner into its partnership are treated two- sided for income tax purposes: Whilst […]
On 6 July 2023, The Austrian National Council passed the Austrian Tax Amendment Act 2023 (AbgÄG 2023), including multiple reforms, some of which will be presented in more detail. New rules included in the Austrian Reorganisation Tax Act The Austrian Company Law Mobility Act will implement the EU Mobility Directive, providing for more flexibility on […]
VAT: Triangular transaction despite registration of intermediary in Member State of destination
The Austrian Supreme Administrative Court (VwGH) has decided that the triangular transaction rule also applies in the event that the intermediary is identified in the Member State of destination, but does not have a fixed establishment in that Member State. The decisive factor for the applicability of the triangular transaction rule is the VAT ID […]
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