Energy cost subsidy II – the start of the settlement for the second subsidy period is postponed

The general deadline for submitting the required settlement based on actual costs for the second subsidy period (1 July to 31 December 2023) should have started on 15 February 2024 according to the guideline on the energy cost subsidy II. However, according to the information provided by the Federal Ministry of Labour and Economy (BMAW) […]

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Energy cost subsidy II: Don’t forget the settlement!

It should soon be possible to submit the final settlement regarding the energy cost subsidy II – do not miss the submission deadlines. Deadlines As applying for the energy cost subsidy II was possible until 7 December 2023, the applicant companies should have received the (conditional) subsidy approval by now. The companies are obliged to […]

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Increase of the de-minimis ceilings and further developments as of 2024

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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ORF contribution: obligatory contribution for companies from 2024

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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New decision by the Austrian Federal Tax Court (BFG) regarding tax increases in case of voluntary self-disclosures pursuant to section 29 para. 6 Austrian Tax Criminal Code (FinStrG)

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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Guideline on processing late applications by COFAG under the law on state aid adopted – further payment of COVID-19 subsidies possible

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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Energy cost subsidy II – Guideline and FAQ

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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Austrian Constitutional Court (VfGH): transferring responsibilities to COFAG is unconstitutional

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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Energy cost subsidy II – advance registration and basis information

Already at the end of the year 2022, first details of the energy cost subsidy II were announced (please refer to our newsletter dated 3 January 2023). The relevant guideline itself has not yet been published and is currently subject to review by the European Commission (notification procedure). The approval is expected soon. According to […]

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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 July, a further increase of 0.25% […]

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