Quota system: Extension of submission deadline for 2021 tax returns

29The grace period for taxpayers with tax representation to submit tax returns for 2021 has been extended by the Austrian Ministry of Finance from one month (31 March to 30 April 2023) to six months (30 September 2023). Tax returns (e.g. individual and corporate income tax returns or annual VAT returns) must be submitted by […]

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Members’ Bill: Amendment regarding the ban on deductions for voluntary severance payments

On 13 October 2022, a members’ bill was tabled for the remedy of the ban on deductions for voluntary severance payments. The Austrian Constitutional Court (VfGH) overturned the ban on deductions for voluntary severance payments in March 2022 and set a deadline for legislative amendments to be carried out by 31 December 2022. Further changes concern, among other […]

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New VwGH case law on the PE definition in tax treaty law

A new decision of the Austrian Supreme Administrative Court (VwGH) (22.6.2022, Ro 2020/13/0004) was recently published regarding the definition of a “fixed place” under tax treaty law. For a fixed place to exist, a taxable person must have power of disposal over it. For Austrian tax purposes, a decisive hallmark of the existence of a […]

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

As previously reported in our Tax Newsletter of 14 June 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 and then again to 30 September 2022. The Austrian Ministry of Finance (BMF) has […]

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Inflation relief package parts II and III – government bills published

Following the approval of the first inflation relief package in the Austrian Parliament at the end of June (see our newsletter of 28 July 2022), the Austrian government published the government bills for the inflation relief package parts II and III on 14 September 2022. At the heart of the package – alongside other relief measures – […]

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Inflation relief package(s) / new tax-exempt inflation bonus

The Austrian government has announced relief packages to mitigate the impacts on the population due to the huge wave of inflation. The first inflation relief package (part 1) was passed by the Austrian parliament at the end of June and was published in the Austrian Federal Law Gazette (BGBl.) on 30 June 2022. The package included […]

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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 […]

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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 […]

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Non-deductibility of severance payments from social plans is unconstitutional

In its decision of 16 March 2022, the Austrian Constitutional Court (VfGH) overturned the prohibition of deductions under Sec 20 para 1 subpara 8 Austrian Income Tax Act (EStG) as unconstitutional. This provision prevents the deduction of voluntary severance payments made by the employer to the extent that these exceed the amounts eligible for preferential tax treatment on the […]

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Rising energy costs: Reduction prepayments of individual and corporate income tax

Austrian companies currently face rising energy costs, which may also impact their liquidity in the short term. For this reason, the Austrian Ministry of Finance (“BMF”) stated on 1 April 2022 that it will be possible to simplified reduce prepayments of individual and corporate income tax in administrative terms. The taxpayer must be able to credibly […]

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