Foreign Subsidies Regulation – Expanded EU State aid rules

On 12 January 2023, the new regulation on foreign subsidies (Foreign Subsidies Regulation, “FSR”) agreed by the European Parliament and the Council entered into force. The FSR is intended to enable the identification and redress of possible distortions in the EU internal market caused by foreign subsidies to companies operating in the EU. According to […]

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Subsidy guideline for energy costs subsidy 1 – Q4 2022 and details on the lump-sum energy costs subsidy have been announced

Already at the beginning of the year, the National Council resolved to extend energy costs subsidy 1, which was originally planned to run until September 2022. Now the guideline has been published just in time for the start of the application period on 17 April 2023. More details have also been announced with regard to […]

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Quota system: Extension of submission deadline for 2021 tax returns

29The grace period for taxpayers with tax representation to submit tax returns for 2021 has been extended by the Austrian Ministry of Finance from one month (31 March to 30 April 2023) to six months (30 September 2023). Tax returns (e.g. individual and corporate income tax returns or annual VAT returns) must be submitted by […]

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Austrian Federal Tax Code (FTC) – increase of interest rates

Due to the further 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 effective as of 22 March 2023. Due to the […]

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Update on energy costs subsidies I and II for companies and the lump-sum energy costs subsidy for small enterprises

The energy costs subsidy was introduced last year to cover a portion of the extra costs resulting from the exceptionally sharp increase in energy prices, and in this way to relieve companies. Further measures to combat the ongoing inflation have been passed and new details communicated. Extension of energy costs subsidy I Energy costs subsidy […]

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Russia added to EU’s “blacklist”

Special attention necessary where Russian participating interests are involved The most recent meeting of the EU finance ministers (ECOFIN) resulted in changes to the list of non-cooperative jurisdictions for tax purposes. On 14 February 2023, the finance ministers of the EU member states resolved to add four jurisdictions to the blacklist. Besides the Russian Federation, […]

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Newsflash on the energy costs subsidy for companies

On 31 January 2023 the National Council approved the extension of the energy costs subsidy for companies as announced in the media in December 2022 (see newsletter from 3 January 2023). Specifically, the governing parties agreed to extend energy costs subsidy 1 (EKZ 1) until the end of December 2022 and to launch energy costs […]

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National Council passes Austrian Whistleblower Protection Act

The Austrian Whistleblower Protection Act (HinweisgeberInnenschutzgesetz, HSchG) was finally passed by the National Council on 1 February 2023 – after the elapsed December 2021 deadline for the transposition of the EU Whistleblowing Directive. What must be observed going forward? Obligation for companies and legal entities in the public sector with more than 249 employees to […]

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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 […]

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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. […]

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