Guidance on DAC6 by the Austrian Ministry of Finance (BMF) updated

On 12 September 2023 the BMF published an update on the Austrian DAC6 guidance  which has been long anticipated. In addition to clarifications the guidance includes further explanations on hallmarks, on information of other intermediaries as well as on the content of the report. Background In mid-October 2020 the Austrian BMF has published a guidance […]

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Update on the DTA Austria-Germany: new provision on cross-border workers and implementation of the MLI

The provision on cross-border workers has been adapted by the protocol of amendment to the DTA between Austria and Germany to enhance the tax framework for mobility of work close to border. Additionally, several provisions have been adjusted to the new OECD standards. New provision on cross-border workers The provision on cross-border workers is a […]

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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. After the European Central Bank increased its key interest rate by 0.25% in July, a further increase of 0.25% […]

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The new “EU tax group” for company groups: BEFIT proposal for a directive has been published

On 12 September 2023 the European Commission has published the proposal for a directive for a European framework for corporate income taxation (“Business in Europe: Framework for Income Taxation”; BEFIT). BEFIT contains  a proposal for the introduction of a Europe-wide tax group including a partially single tax base for certain large groups of companies in […]

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Disclosure of the financial statements until 30 September 2023

Management of corporations with balance sheet date as of 31 December be careful: In order to avoid heavy fines, take care to disclose the financial statements with the Austrian Commercial Court on time until 30 September 2023.  Mandatory disclosure obligation Management of corporations (GmbH, AG, SE) partnerships, without natural persons being personally liable (e.g. GmbH […]

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Newsflash: Electricity cost compensation 2022

Companies, which were particularly affected by a significant increase in electricity prices in 2022, following the integration of greenhouse gas emission costs from European emissions trading, and which were exposed to the actual risk of carbon leakage, may apply for the electricity cost compensation 2022 at aws only until 30 September 2023. In our entry […]

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“Pillar One –Amount B” – OECD publishes public consultation document

Under the BEPS 2.0 project the OECD published another public consultation document on Amount B of Pillar One on 17 July 2023. Stakeholders were invited to provide input until 1 September 2023. The declared goal of Amount B is to simplify and streamline the application of transfer pricing regulations for baseline marketing and distribution activities, […]

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CJEU: Special VAT scheme applicable to travel agents also in case of mere resale of accommodation services

In its decision of 29 June 2023, case C-108/22, Dyrektor Krajowej Informacji Skarbowej, the CJEU confirmed the applicability of the special VAT scheme for tourist agents in the case where a taxable person purchases accommodation services from a third party and resells them on its own behalf without ancillary services. Underlying case “C” – as […]

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Russia suspends parts of the double taxation agreement with Austria

By decree of 8 August 2023, Russia unilaterally suspended the application of major parts of the provisions of the double taxation agreement between Austria and Russia. This has implications for Austrian taxpayers. Background In response to Western sanctions (such as the EU adding Russia to its “blacklist”), the Russian Foreign Ministry and the Russian Ministry […]

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Electricity cost compensation 2022

The Austrian Parliament passed the Electricity Cost Compensation Act 2022 (“SAG 2022”) in order to provide relief to Austrian companies, which were particularly affected by a significant increase in electricity prices following the integration of greenhouse gas emission costs from European emissions trading, and which were exposed to the actual risk of carbon leakage in […]

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