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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Update on Current COVID-19 Subsidies

To continue to support Austrian companies which have suffered financially from the impacts of the coronavirus pandemic, the Austrian Federal Government has extended existing COVID-19 subsidy instruments and made some requirements more stringent. In the following contribution (last updated 14 February 2022), we will inform you about the most important points of the previous COVID-19 […]

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Extension of COVID-19 subsidies

The Austrian Ministry of Finance has announced that certain existing COVID-19 subsidies will be extended due to ongoing Covid-related restrictions. In the following entry (last updated 7 February 2022), we provide information about the most important points: Revenue shortfall bonus III The revenue shortfall bonus was extended again (“RSB III”) and is available for the months November 2021, December 2021, […]

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VAT treatment of company bicycles

On 9 February 2022, the Austrian Ministry of Finance issued a statement on the VAT treatment of company bicycles in a letter to the Austrian Chamber of Tax Advisors and Public Accountants (KSW). General Whether the private use of a company bicycle by an employee should be subject to VAT as a supply of goods or […]

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Compensation for Losses III

The Guidelines on the Grant of Compensation for Losses III were published in the Austrian Federal Law Gazette on 23 December 2021. In the following entry, we provide information on the most important points (last updated 7 February 2022). General prerequisites for application Companies which have their legal seat or permanent establishment (PE) in Austria, […]

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Revenue shortfall bonus III

The revenue shortfall bonus (“RSB”) is familiar subsidy that has been extended for a second time. The Ordinance on the Revenue Shortfall Bonus III was published in the Austrian Federal Law Gazette on 2 December 2021. In the following entry, we provide information on the most important points (last updated 7 February 2022): General requirements […]

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Compensation for Losses II

The Guidelines on the Extension of the Grant of Compensation for Losses were published in the Austrian Federal Law Gazette on 28 July 2021 and amended on 23 December 2021. In the following entry (last updated 7 February 2022), we provide information on the most important points. General prerequisites for application Companies which have their […]

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OECD Transfer Pricing Guidelines 2022

The OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (OECD Transfer Pricing Guidelines) provide orientation when applying the arm’s length principle. On 20 January 2022, the OECD published a new version of these Transfer Pricing Guidelines. It is available in English and French on the OECD website. The OECD Transfer Pricing Guidelines 2022 replace […]

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Public Country-by-Country Reporting

On 21 December 2021, a new EU Directive (“Directive (EU) 2021/2101”) entered into force, amending the EU Accounting Directive. Under the Directive, companies are required to publish a so-called “report on income tax information” (also referred to here as “Public CbCR”). The goal of Public CbCR is to introduce an instrument for increasing transparency and enhancing […]

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Anti-Tax Avoidance Directive (ATAD 3): Planned mandatory reporting of EU shell entities to tax authorities from 2024

Shortly before the end of 2021, the European Commission (EC) presented a proposal for an Anti-Tax Avoidance Directive (so-called “ATAD 3”) to prevent the misuse of shell (or letterbox) entities. The planned directive envisages extensive reporting obligations for shell entities, which may potentially lead to a loss of tax benefits (e.g. arising from application of […]

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