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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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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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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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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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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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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Starting with 2024 the Austrian tax authority receives information on persons using digital platforms for renting and selling. If you use digital platforms for renting and selling you should absolutely keep an eye on the following amendment: The Austrian Digital Platform Reporting Requirement Act (DPMG) entered into force on 1 January 2023. The DPMG requires […]
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On 12 January 2023, the new regulation on foreign subsidies (Foreign Subsidies Regulation, “FSR”) agreed by the European Parliament and the Council entered into force. The FSR is intended to enable the identification and redress of possible distortions in the EU internal market caused by foreign subsidies to companies operating in the EU. According to […]
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Special attention necessary where Russian participating interests are involved The most recent meeting of the EU finance ministers (ECOFIN) resulted in changes to the list of non-cooperative jurisdictions for tax purposes. On 14 February 2023, the finance ministers of the EU member states resolved to add four jurisdictions to the blacklist. Besides the Russian Federation, […]
read moreThe CJEU had to decide on the possibility of invoice corrections with retroactive effect (“ex tunc effect”) in cases of triangular transactions. In its recent ruling, the CJEU denied the retroactive effect of invoice corrections in case of triangular transactions. The CJEU ruling concerned an Austrian case. In its decision of 8 December 2022, Case […]
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