Eco-social tax reform 2022: Changes to the draft legislation

On 15 December 2021, the bill of the Austrian Eco-social Tax Reform Act 2022 was published. Below we provide an overview of the most relevant changes between the consultation draft and the bill (see German Tax Newsletter of 12 November 2021): Tax-free employee participation in profits From the year 2022, employees are to be eligible […]

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Austrian VAT Guidelines 2021 published

The yearly amendment to the Austrian VAT Guidelines (UStR) was published on 6 December 2021. Here we provide you with an overview of the most relevant changes: Changes in connection with VAT groups In items 233 and 241, the Guidelines have been amended to reflect CJEU case law regarding the cases M-GmbH (CJEU 15.4.2021, C-868/19) and Danske […]

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Intrastat: Changes as of January 2022

In addition to the annual adjustments for Intrastat-declarations (e.g. update of CN8-Codes), new regulations will apply as of the reporting month January 2022 due to the regulations (EU) 2019/2152 und (EU) 2020/1197. In the following, we summarize the most important key aspects. Information to be reported The following information must be indicated: The nature of […]

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Transfer Pricing Guidelines 2021

Almost a year after the publication of the draft Transfer Pricing Guidelines, on 7 October 2021 the Austrian Federal Ministry of Finance has finally issued the new Austrian Transfer Pricing Guidelines (ATPG 2021 or Guidelines). Being an extensive revision of the Transfer Pricing Guidelines from 2010 (TPG 2010), the ATPG 2021 aim at reflecting BEPS-project […]

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COVID-19 Fixed Costs Subsidy 800,000

The Guidelines on the Fixed Costs Subsidy 800,000 (“FCS 800k”) entered into force in November 2020 and were amended on 16 February 2021 and 22 November 2021. In the following entry (last updated 23 November 2021), we provide information on the most important points, including these amendments: General prerequisites for application Companies which have their […]

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COVID-19: Compensation for Losses

The Guidelines on Compensation for Losses initially entered into force in December 2020 and were subsequently amended on 16 February 2021 and 22 November 2021. In the following entry (last updated 23 November 2021), we provide information on the most important points, including the changes arising from the amendments: General prerequisites for application Companies which […]

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Update: New investment premium as an incentive for companies

The COVID-19 investment premium is intended to incentivise business investments and counteract the current reluctance of Austrian companies to invest. The Austrian Investment Premium Act (InvPrG) initially entered into force on 25 July 2020, and was last updated on 28 May 2021. The relevant funding guidelines were announced on 11 August 2020 and adapted on […]

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Update on COVID-19 subsidies

The following contribution provides an overview of planned and implemented changes to existing COVID-19 subsidies, as well as of new COVID-19 subsidies (last updated: 1 June 2021). Investment premium On 25 March 2021, the Austrian Investment Premium Act was amended with the announcement of the 2nd Austrian COVID-19 Tax Measures Act (2. COVID-19-StMG). The amendment […]

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New letter ruling on permanent establishments in the case of auxiliary activities within a company group

On 1 June 2021, the Austrian Ministry of Finance (MoF) published EAS (Express Answer Service) 3432. In this letter ruling, the MoF confirmed its previous view that there is only one set of circumstances in which activities, which by their nature constitute preparatory or auxiliary activities, do not lead to the creation of a permanent establishment […]

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COVID-19 phased payment plans – interrelation with tax liabilities due on 15 June 2021

Since the beginning of the COVID-19 pandemic, many companies have made use of simplified payment options – in particular, deferred payments. Tax liabilities that were due by 31 May 2021 have been automatically included in approved deferrals. The deferred tax liabilities are now due by 30 June 2021. To avoid payment difficulties, a special application for a […]

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