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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Austrian Ministry of Finance (BMF) publishes a consultation draft for a Minimum Tax Act (MinBestG)

On 3 October 2023 the BMF has published a consultation draft for an act to ensure a Global Minimum Tax (Pillar II). The consultation period ends on 20 October 2023. The new regulations will enter into force as of 1 January 2024. The Minimum Tax Act transposes into domestic law the complex framework of the […]

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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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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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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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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 […]

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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 […]

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