Austrian Supreme Administrative Court on VAT groups

In a court decision of 16 November 2021 (Ra 2020/15/0101), the Austrian Supreme Administrative Court (VwGH) confirmed that organisational integration exists if executive management is carried out by non-executive employees of a VAT group. Economic integration is also present in the specific case based on the lease of an administrative building to a bank. The overall […]

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Donating cash and goods for Ukraine – tax issues

The current humanitarian disaster in Ukraine has confronted us all with images and concerns that we in Europe have not had to deal with for many years. However, many people are helping with compassion and humanity, providing support where they can. It is not only individuals who have demonstrated a willingness to help – many […]

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How to declare 5% rate transactions in the monthly VAT returns 2022

In general, the reduced VAT rate of 5% ceased to apply on 31 December 2021. However, for eligible transactions carried out in December 2021 with invoices not issued before 2022, the VAT liability should be recognised in January 2022 and declared in the monthly VAT return for January 2022. The 5% VAT rate applies even if […]

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Update – Intrastat: New rules from 1 January 2022

As anticipated in the Tax Newsletter of 9 December 2021, the assimilation threshold (i.e. the threshold for arrivals of goods from other EU Member States and dispatches of goods to other EU Member States in the previous or current calendar year) has been raised for both arrival and dispatch declarations starting from the reference year 2022. […]

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Company parking spaces: Still free of charge, or will fees soon apply?

The extension of the parking space management scheme in Vienna means that employees may face additional costs from March 2022 as a result of the recognition of a benefit in kind for company parking spaces that were previously free of charge. What will change In only a few days time, from 1 March 2022, the long […]

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Eco-social Tax Reform Act 2022 published in Federal Law Gazette

The three parts of the Austrian Eco-social Tax Reform Act 2022 were published in the Federal Law Gazette on 14 February 2022. The changes made since the consultation draft (see German Tax Newsletter of 12 November 2021) and the bill (see Tax Newsletter of 20 December 2021) are listed below: Eco-social Tax Reform, Part I Changes to […]

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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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