Energy cost subsidy II – the start of the settlement for the second subsidy period is postponed

The general deadline for submitting the required settlement based on actual costs for the second subsidy period (1 July to 31 December 2023) should have started on 15 February 2024 according to the guideline on the energy cost subsidy II. However, according to the information provided by the Federal Ministry of Labour and Economy (BMAW) […]

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Minimum Tax Act (MinBestG) published in the Austrian Federal Law Gazette (BGBl)

Just in time for the turn of the year, the Minimum Tax Act was published in the (digital) Austrian Federal Law Gazette I on 30 December 2023, thus completing the legislative process. Overview The statutory provisions entered into force on 31 December 2023 and are applicable to financial years beginning on or after 1 January […]

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Energy cost subsidy II: Don’t forget the settlement!

It should soon be possible to submit the final settlement regarding the energy cost subsidy II – do not miss the submission deadlines. Deadlines As applying for the energy cost subsidy II was possible until 7 December 2023, the applicant companies should have received the (conditional) subsidy approval by now. The companies are obliged to […]

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Increase of the de-minimis ceilings and further developments as of 2024

The European Commission has adopted new de-minimis regulations on 13 December 2023. A significant amendment is the increase of the de-minimis ceilings, in order to cater for rising inflation. Background State aid or aid of any kind granted from state funds are subject to EU State aid law. In case such State aid limits or […]

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Decision by the Austrian Federal TaxCourt (BFG) on the issue of fault regarding violations of the prohibition on deduction pursuant to section 20 para. 1 subsec. 7 Austrian Income Tax Act (EStG) (“manager remuneration”)

In our previous newsletter we reported on a recent decision by the BFG (BFG 1 December 2023, RV/2100533/2023) strictly interpreting section 29 para. 6 Austrian Tax Criminal Code (FinStrG) (see our newsletter). In this decision, the BFG also makes interesting statements on the issue of fault regarding violations of the prohibition on deduction pursuant to […]

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ORF contribution: obligatory contribution for companies from 2024

With effect from 1 January 2024, the financing of the ORF was newly regulated. The ORF Contribution Act (ORF Beitrags-Gesetz) has replaced the Gebühren Info Service GmbH (GIS) fee that was payable until 31 December 2023 with the newly created ORF contribution. In this article we will take a closer look at the most important […]

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New decision by the Austrian Federal Tax Court (BFG) regarding tax increases in case of voluntary self-disclosures pursuant to section 29 para. 6 Austrian Tax Criminal Code (FinStrG)

In a recent decision, the BFG dealt with the question of whether a tax increase is only to be assessed if an announced tax audit was actually the reason for submitting a voluntary self-disclosure (BFG 1 December 2023, RV/2100533/2023). Regarding this matter, the BFG interprets section 29 para. 6 FinStrG strictly. An ordinary review to […]

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First DAC7 report is due – what needs to be done at the turn of the year?

The deadline for the first DAC7 report (report according to DPMG (Austrian Digital Reporting Requirement Act)) is 31 January 2024. Just before the holiday season starts, we would like to inform you once again about upcoming deadlines and the most important to-dos that still need to be done. Deadlines and immediate need for action The […]

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Austria counters Russia’s suspension of the double taxation agreement by suspending the agreement as well

After Russia unilaterally suspended the application of major parts of the provisions of the double taxation agreement (DTA) with Austria in August 2023, Austria has now suspended parts of the DTA as well. This has further implications for Austrian taxpayers. Background By decree dated 8 August 2023, Russia suspended the application of provisions from more […]

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CJEU: VAT on ORF’s programme fee is in line with EU VAT law

In its decision of 26 October 2023, case C-249/22, Gebühren Info Service GmbH (GIS), the CJEU confirmed that the VAT on the programme fee is in line with the provisions of the EU VAT Directive. Underlying case According to GIS, the programme fee of ORF (Austrian Broadcasting Corporation) is subject to VAT. The matter in […]

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