Austrian Federal Tax Code (BAO) – Increase of Interest Rates

Due to the increase of the key ECB interest rate by 0.75%, changes to deferral interest, interest for suspension, claim interest (interest for subsequent payments and credits), appeal interest, as well as VAT interest have occurred. The European Central Bank raised its key interest rate with effect from 14 September 2022. Due to the automatic adjustment, […]

read more

CJEU on cumulative intra-Community acquisitions

The CJEU has ruled (7.7.2022, C-696/20, Dyrektor Izby Skarbowej w W) that, in general, a cumulative intra-Community acquisition of goods can also occur in the Member State in which the transport began if the acquirer uses a VAT ID number of that Member State. However, there is no cumulative intra-Community acquisition of goods if the […]

read more

COVID-19 phased payment plans: Ordinance on phase 2 – evidence of ability to pay

The Austrian Minister of Finance has issued an Ordinance regarding the formal requirements for evidence of the ability to pay in connection with applications for phase°2 of the COVID-19 phased payment plan. The ordinance entered into force on 1 August 2022. To mitigate the financial impacts of the COVID-19 pandemic, the Austrian Federal Fiscal Code (BAO) […]

read more

Increase of interest rates in the Austrian Federal Tax Code (BAO)

Due to the 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. The European Central Bank raised its key interest rate with effect from 27 July 2022. Due to the automatic adjustment, […]

read more

Austrian Parliament approves energy costs subsidy for businesses

On 6 July 2022, the Austrian Parliament passed the Business Energy Costs Subsidy Act (UEZG). The approval of the Federal Council followed on 13 July 2022. It remains to be seen whether the European Commission will approve or at least not block the legislation, with publication in the Federal Law Gazette to follow. The declared goal of […]

read more

Current restrictions on distributions and bonus payments in connection with COVID-19 subsidies

Austrian ordinances regarding the various COVID-19 subsidies contain a range of bans, restrictions, and limitations applicable to dividend and bonus payments, some of which have already expired. This article provides a brief overview of the current COVID-19 subsidies, as well as the restrictions on distributions and bonus payments that still need to be observed in […]

read more

Austrian Tax Amendment Act 2022 – government bill published

The government bill for the Austrian Tax Amendment Act 2022 (AbgÄG 2022) was published in mid-June. Confirmation of the final version is expected before the summer recess. The AbgÄG 2022 contains numerous minor adjustments and changes related to income taxation, VAT, and procedural law. Tax changes relating to the previously announced inflation package, particularly the abolition of […]

read more

Changes concerning withholding tax for Software-as-a-Service and Infrastructure-as-a-Service

Under many Austrian double tax treaties, the remuneration for “industrial, commercial or scientific equipment” is treated as royalties subject to withholding tax (WHT). In a change from the previous interpretation, the Austrian Ministry of Finance has now stated that intangible assets (e.g. software) do not fall under the category of “equipment”. This has significant implications […]

read more

Quota system: New extension of deadline for tax returns for 2020

As previously reported in our Tax Newsletter of 16 March 2022, the grace period for the submission of tax returns for 2020 for taxpayers with tax representatives was initially extended by three months (from 31 March 2022) to 30 June 2022. The Austrian Ministry of Finance (BMF) has now extended this period by a further three months […]

read more

Ordinance on the transfer of interest and EBITDA carryforwards during reorganisations published

An ordinance published on 2 June 2022 (“Zinsvortrags-ÜbergangsV”) provides the legal framework for the transfer of interest and EBITDA carryforwards to the receiving entity in the context of corporate reorganisations. Austrian interest limitation rule in a nutshell According to the Austrian interest limitation rule the deductibility of net interest expense for corporations is limited to 30% […]

read more