New Express Reply Service ruling (EAS): Austrian Ministry of Finance (BMF) denies home office PE if the employer does not require the use of the home office
Recently, the BMF published a new EAS ruling 3445 in which it denied the qualification of a home office as a permanent establishment (PE) because working in the home office was not required by the employer. Circumstances A person residing in Austria is employed at a German-based managing holding company’s accounting department. The person permanently […]
Company bicycles: Austrian Ministry of Finance (BMF) and Austrian Health Insurance Fund (ÖGK) provide additional information on company bicycles as popular employee benefits
Company bicycles have become increasingly popular. This is largely due to their positive impact on the climate and tax benefits. In this article, we will look into the tax treatment of lease instalments for employers and employees, as well as the option for takeover after the end of the lease term. Current lease instalments for […]
Belgian certificates of residence issued electronically accepted by Austrian Ministry of Finance (BMF)
On 21 June 2023, a consultation agreement between Austria and Belgium on the mutual recognition of certificates of residence was concluded. Therefore, certificates of residence issued separately by the Belgian (and Austrian) tax authorities are to be recognised in future for relief at source or in the refund procedure. From an Austrian perspective, the consultation […]
DAC7: Austrian Ministry of Finance (BMF) releases technical details on reporting procedure
With the Austrian Digital Platform Reporting Requirement Act (DPMG) entering into force on 1 January 2023, operators of certain digital platforms are now obligated for the first time to report to the Austrian Tax Authority among others tax-relevant information on reportable suppliers concerning the year 2023 by 31 January 2024. The BMF has now released […]
Virtual Shareholder Meetings Act (Virtuelle Gesellschafterversammlungen-Gesetz – VirtGesG): Creation of a permanent legal basis for virtual and hybrid meetings
With the Virtual Shareholder Meetings Act (VirtGesG) passed by the National Council on 7 July 2023, the option of holding shareholders’ meetings without the physical presence of participants, which had been introduced on a temporary basis in times of the pandemic, has now been implemented in the law on a permanent basis. Therefore, virtual and/or […]
On 6 July 2023, The Austrian National Council passed the Austrian Tax Amendment Act 2023 (AbgÄG 2023), including multiple reforms, some of which will be presented in more detail. New rules included in the Austrian Reorganisation Tax Act The Austrian Company Law Mobility Act will implement the EU Mobility Directive, providing for more flexibility on […]
European Commission releases proposal for simplifying withholding tax procedures in the EU (“FASTER”)
According to the European Commission, approximately 70% of retail investors waive claims for refunds and 30% of retail investors sell their foreign EU stocks due to complicated refund procedures for WHT. On 19 June 2023 the Commission has published a proposal for a Directive for simplifying withholding tax procedures on interest and dividends, which shall […]
Young, innovative and growing start-up companies often do not dispose of the necessary financial means to be able to offer monetary incentives to committed employees. The possibility of granting company shares to employees through employee share purchase plans is not particularly profitable given the current legal situation, since employees have to pay income tax when […]
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 May, a further increase of […]
Corporate Law Amendment Act 2023 (GesRÄG 2023, Gesellschaftsrechts-Änderungsgesetz 2023): Introduction of Flexible Company and reduction of minimum share capital to EUR 10,000 for Limited Liability Companies
Start-upn 26 May 2023, along with the Austrian Start-ups Promotion Act (Start-up-Förderungsgesetz), the draft GesRÄG 2023 was published, which aims to create considerable incentives and relief for start-ups and the incorporation of companies in general. In particular, the new company form called Flexible Company (FlexCo) will be introduced and investments in such a company will […]
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