Tax issues for international companies in Austria
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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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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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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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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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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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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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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During the COVID-19 pandemic, the BMF (Austrian Ministry of Finance) has paid out several aids in the form of COVID-19 subsidies pursuant to EU state aid law via the COVID-19 Finanzierungsagentur des Bundes GmbH (COFAG). In national implementation the granted application periods deviated from EU regulations resulting in initial applications submitted after 30 June 2022 […]
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The draft of the guideline and the FAQ on the energy cost subsidy II were published in the version dated 8 November 2023 on the homepage of Austria Wirtschaftsservice Gesellschaft m.b.H. (aws). The guideline applies subject to national agreement and approval by the European Commission under subsidies law, which is still pending. In the following […]
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In its decision G 265/2022-45 of 5 October 2023, the VfGH overturned several regulations regarding COFAG in the Austrian ABBAG Act as unconstitutional. In the course of its decision, the VfGH has decided that the requirements to transfer responsibilities of the state’s private-sector administration to the private legal entity COFAG were only met in part […]
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