According to the Austrian Administrative Supreme Cout (“VwGH”) the Austrian tax group regime is full set of rules, which prevails as lex specialis over the general rule for the loss utilization. Therefore the concurrent application of the general final loss utilization rules for shares were rejected by the recent case law in case of non-EU/EEA […]
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In its decision dated 24 January 2024 (RV/1100179/2019), the Austrian Federal Financial Court (BFG) confirms the strict view of the Austrian tax authorities that, in order to be granted relief from capital gains tax (KESt) at source based on the applicable double taxation agreement, it is compulsory for the certificate of residence to be submitted […]
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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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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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In its decision of 26 October 2023, case C-249/22, Gebühren Info Service GmbH (GIS), the CJEU confirmed that the VAT on the programme fee is in line with the provisions of the EU VAT Directive. Underlying case According to GIS, the programme fee of ORF (Austrian Broadcasting Corporation) is subject to VAT. The matter in […]
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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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As a general rule, section 13 para. 4 KStG permits Austrian private foundations to carry over hidden reserves from the sale of investments (in which the foundation or its legal predecessor held a share of at least 1% within the last five years) to substitute investments. These substitute investments must involve the acquisition of a […]
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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In a decision of 8 December 2022, Case C-378/21, P GmbH, the CJEU ruled that no VAT liability based on the invoice exists if the recipients of the respective supplies are private individuals, i.e., in case of “B2C” supplies. Given that no VAT liability based on the invoice was triggered, it is also not necessary […]
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In principle, section 9 para. 5 Austrian Corporate Income Tax Act (KStG) provides that a merger within the company group does not result in the merging company exiting the company group or in other changes to the company group. The Austrian Supreme Administrative Court addressed a special situation in its decision of 19 October 2022, […]
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