Russia suspends parts of the double taxation agreement with Austria

By decree of 8 August 2023, Russia unilaterally suspended the application of major parts of the provisions of the double taxation agreement between Austria and Russia. This has implications for Austrian taxpayers. Background In response to Western sanctions (such as the EU adding Russia to its “blacklist”), the Russian Foreign Ministry and the Russian Ministry […]

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Electricity cost compensation 2022

The Austrian Parliament passed the Electricity Cost Compensation Act 2022 (“SAG 2022”) in order to provide relief to Austrian companies, which were particularly affected by a significant increase in electricity prices following the integration of greenhouse gas emission costs from European emissions trading, and which were exposed to the actual risk of carbon leakage in […]

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New Express Reply Service ruling (EAS): Austrian Ministry of Finance (BMF) denies home office PE if the employer does not require the use of the home office

Recently, the BMF published a new EAS ruling 3445 in which it denied the qualification of a home office as a permanent establishment (PE) because working in the home office was not required by the employer. Circumstances A person residing in Austria is employed at a German-based managing holding company’s accounting department. The person permanently […]

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Company bicycles: Austrian Ministry of Finance (BMF) and Austrian Health Insurance Fund (ÖGK) provide additional information on company bicycles as popular employee benefits

Company bicycles have become increasingly popular. This is largely due to their positive impact on the climate and tax benefits. In this article, we will look into the tax treatment of lease instalments for employers and employees, as well as the option for takeover after the end of the lease term. Current lease instalments for […]

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Belgian certificates of residence issued electronically accepted by Austrian Ministry of Finance (BMF)

On 21 June 2023, a consultation agreement between Austria and Belgium on the mutual recognition of certificates of residence was concluded. Therefore, certificates of residence issued separately by the Belgian (and Austrian) tax authorities are to be recognised in future for relief at source or in the refund procedure. From an Austrian perspective, the consultation […]

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DAC7: Austrian Ministry of Finance (BMF) releases technical details on reporting procedure

With the Austrian Digital Platform Reporting Requirement Act (DPMG) entering into force on 1 January 2023, operators of certain digital platforms are now obligated for the first time to report to the Austrian Tax Authority among others tax-relevant information on reportable suppliers concerning the year 2023 by 31 January 2024. The BMF has now released […]

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Virtual Shareholder Meetings Act (Virtuelle Gesellschafterversammlungen-Gesetz – VirtGesG): Creation of a permanent legal basis for virtual and hybrid meetings

With the Virtual Shareholder Meetings Act (VirtGesG) passed by the National Council on 7 July 2023, the option of holding shareholders’ meetings without the physical presence of participants, which had been introduced on a temporary basis in times of the pandemic, has now been implemented in the law on a permanent basis. Therefore, virtual and/or […]

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Austrian Tax Amendment Act 2023 passed

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 […]

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European Commission releases proposal for simplifying withholding tax procedures in the EU (“FASTER”)

According to the European Commission, approximately 70% of retail investors waive claims for refunds and 30% of retail investors sell their foreign EU stocks due to complicated refund procedures for WHT. On 19 June 2023 the Commission has published a proposal for a Directive for simplifying withholding tax procedures on interest and dividends, which shall […]

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“FlexCo” and employees – A step forward

Young, innovative and growing start-up companies often do not dispose of the necessary financial means to be able to offer monetary incentives to committed employees. The possibility of granting company shares to employees through employee share purchase plans is not particularly profitable given the current legal situation, since employees have to pay income tax when […]

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