Private Foundations: New standpoint of the Austrian Supreme Administrative Court on the transfer of hidden reserves pursuant to section 13 para. 4 KStG (Austrian Corporate Income Tax Act)
As a general rule, section 13 para. 4 KStG permits Austrian private foundations to carry over hidden reserves from the sale of investments (in which the foundation or its legal predecessor held a share of at least 1% within the last five years) to substitute investments. These substitute investments must involve the acquisition of a […]
EU Council and Parliament Reach a Provisional Agreement on Carbon Border Adjustment Mechanism
The Carbon Border Adjustment Mechanism(CBAM) is a fundamental part of the “Fit for 55” package. This initiative aims to reduce net greenhouse gas emissions by 55% by 2030 (as compared to emissions in 1990) and to become a climate-neutral continent by 2050. The proposal for a carbon border adjustment mechanism was presented in July 2021. […]
First key points on the extension of energy costs subsidy 1 and energy costs subsidy 2
According to media information, at the end of 2022 the Austrian government has decided to extend the energy costs subsidy for energy-intensive companies (see also Newsletter dated 25 November 2022) until the end of 2022 and prolong it to 2023. This is intended to ensure the competitiveness of Austrian companies as well as to strengthen […]
Additional period for advance registration for the energy costs subsidy for companies
The period for the mandatory advance registration for the energy costs subsidy for the subsidy period February 2022 to September 2022 ended on 28 November 2022. The government announced an additional period for the advance registration in order to allow as many affected companies as possible to receive the energy costs subsidy. According to the […]
Austrian Federal Law on Energy Crisis Contribution – Electricity (EKBSG) and Austrian Federal Law on Energy Crisis Contribution – Fossil Fuels (EKBFG)
On EU level a EU regulation imposing a windfall tax on energy companies was adopted on 6 October 2022. On 18 November 2022 the government tabled a legislative motion for implementing two of the key measures – a cap on revenues for electricity producing companies and a “solidarity contribution” for surplus profits in the fossil […]
Austrian Federal Tax Code (BAO) – Increase of Interest Rates
Due to the recent increase of the key ECB interest rate by 0.50%, 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 2 November 2022. Due to the automatic adjustment, […]
CJEU: No retroactive invoice correction in cases of triangular transactions
The CJEU had to decide on the possibility of invoice corrections with retroactive effect (“ex tunc effect”) in cases of triangular transactions. In its recent ruling, the CJEU denied the retroactive effect of invoice corrections in case of triangular transactions. The CJEU ruling concerned an Austrian case. In its decision of 8 December 2022, Case […]
CJEU: No VAT liability based on the invoice in the case of supplies provided to final consumers
In a decision of 8 December 2022, Case C-378/21, P GmbH, the CJEU ruled that no VAT liability based on the invoice exists if the recipients of the respective supplies are private individuals, i.e., in case of “B2C” supplies. Given that no VAT liability based on the invoice was triggered, it is also not necessary […]
Austrian Supreme Administrative Court (VwGH) on seamless transition in cases of mergers within company groups
In principle, section 9 para. 5 Austrian Corporate Income Tax Act (KStG) provides that a merger within the company group does not result in the merging company exiting the company group or in other changes to the company group. The Austrian Supreme Administrative Court addressed a special situation in its decision of 19 October 2022, […]
With this judgment, the ECJ decided on fundamental questions on the German VAT group regulations. Due to the very similar legal situation, this judgment is also of interest to Austria. General transposition of VAT group system compatible with EU law The judgment was highly anticipated because the ECJ had the chance to take position on […]
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