Update: ‘Failed’ triangular transactions – Opinion of Advocate General Kokott on the preliminary ruling request by the VwGH regarding invoice details and invoice correction in a triangular transaction

As mentioned in our (German) newsletter of 21 May 2021, the Austrian Supreme Administrative Court (VwGH) submitted the following questions to the Court of Justice of the European Union (CJEU) regarding invoicing by the acquirer to the recipient in a triangular transaction: Is tax liability transferred to the recipient even if no reference is made in […]

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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 […]

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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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Input VAT deduction on expenses from company outings

Due to the amendment of Section 23 Austrian VAT Act (UStG), the tolerance limit for input VAT deduction for travel-related input supplies for company outings (away days) has ceased to apply. Company outings fall under the scope of Sec 23 UStG and are thus attributable to travel-related supplies from a VAT perspective. Travel-related supplies are generally subject […]

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Quota system: Extended deadline for tax returns 2020

Tax returns (e.g. individual and corporate income tax returns or annual VAT returns) generally have to be submitted by 30 June of the following year (if submitted electronically). The tax authority may extend the deadline for submission of tax returns on a case-by-case basis (discretionary decision) following a substantiated request (individual extension of submission deadline). If […]

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Austrian Supreme Administrative Court on VAT groups

In a court decision of 16 November 2021 (Ra 2020/15/0101), the Austrian Supreme Administrative Court (VwGH) confirmed that organisational integration exists if executive management is carried out by non-executive employees of a VAT group. Economic integration is also present in the specific case based on the lease of an administrative building to a bank. The overall […]

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Donating cash and goods for Ukraine – tax issues

The current humanitarian disaster in Ukraine has confronted us all with images and concerns that we in Europe have not had to deal with for many years. However, many people are helping with compassion and humanity, providing support where they can. It is not only individuals who have demonstrated a willingness to help – many […]

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How to declare 5% rate transactions in the monthly VAT returns 2022

In general, the reduced VAT rate of 5% ceased to apply on 31 December 2021. However, for eligible transactions carried out in December 2021 with invoices not issued before 2022, the VAT liability should be recognised in January 2022 and declared in the monthly VAT return for January 2022. The 5% VAT rate applies even if […]

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Update – Intrastat: New rules from 1 January 2022

As anticipated in the Tax Newsletter of 9 December 2021, the assimilation threshold (i.e. the threshold for arrivals of goods from other EU Member States and dispatches of goods to other EU Member States in the previous or current calendar year) has been raised for both arrival and dispatch declarations starting from the reference year 2022. […]

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