Austrian Budget Stabilisation Measures Act 2025 passed

On 7 March 2025, the new Austrian National Council already introduced first measures to stabilise the budget. The Austrian Budget Stabilisation Measures Act 2025 (hereinafter BSMG 2025) includes measures to increase the tax revenue at short notice, such as the elimination of the zero VAT for photovoltaic systems, the extension of the energy crisis contributions, […]

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Austrian Tax Amendment Act 2024

The Austrian Tax Amendment Act 2024 has been published on 10 July 2024. The key changes of the Austrian Tax Amendment Act 2024 were already covered by our newsletter dated 8 May 2024 based on the draft. During the review process, the Austrian Tax Amendment Act 2024 was subject to the following amendment: Income Tax […]

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Austrian Ministry of Finance (BMF) publishes draft of the Austrian Tax Amendment Act 2024

On 3 May 2024, the Austrian Ministry of Finance (BMF) published a draft of the AbgÄG 2024 (Austrian Tax Amendment Act 2024; AbgÄG 2024). This draft includes, in particular, the following significant amendments: Income tax With the AbgÄG 2023, contributions of a partner into its partnership are treated two- sided for income tax purposes: Whilst […]

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Decision by the Austrian Federal TaxCourt (BFG) on the issue of fault regarding violations of the prohibition on deduction pursuant to section 20 para. 1 subsec. 7 Austrian Income Tax Act (EStG) (“manager remuneration”)

In our previous newsletter we reported on a recent decision by the BFG (BFG 1 December 2023, RV/2100533/2023) strictly interpreting section 29 para. 6 Austrian Tax Criminal Code (FinStrG) (see our newsletter). In this decision, the BFG also makes interesting statements on the issue of fault regarding violations of the prohibition on deduction pursuant to […]

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Update on the DTA Austria-Germany: new provision on cross-border workers and implementation of the MLI

The provision on cross-border workers has been adapted by the protocol of amendment to the DTA between Austria and Germany to enhance the tax framework for mobility of work close to border. Additionally, several provisions have been adjusted to the new OECD standards. New provision on cross-border workers The provision on cross-border workers is a […]

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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 […]

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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 […]

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Austrian Tax Amendment Act 2023 passed

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 […]

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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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Austrian Income Tax Guidelines Amendment Decree 2023 published

On 31 March 2023, the Austrian Federal Ministry of Finance published the approx. 360-page final Income Tax Guidelines Amendment Decree 2023. This decree is intended to update the Austrian Income Tax Guidelines (EStR), in particular by incorporating the changes from the Austrian Ecosocial Tax Reform Act 2022 Part I (ÖkoStRefG), the Austrian Tax Amendment Act […]

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