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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VAT: Triangular transaction despite registration of intermediary in Member State of destination

The Austrian Supreme Administrative Court (VwGH) has decided that the triangular transaction rule also applies in the event that the intermediary is identified in the Member State of destination, but does not have a fixed establishment in that Member State. The decisive factor for the applicability of the triangular transaction rule is the VAT ID […]

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VAT treatment of company bicycles

On 9 February 2022, the Austrian Ministry of Finance issued a statement on the VAT treatment of company bicycles in a letter to the Austrian Chamber of Tax Advisors and Public Accountants (KSW). General Whether the private use of a company bicycle by an employee should be subject to VAT as a supply of goods or […]

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Austrian case law: Asset deal constitutes a new lease agreement for VAT purposes

The Austrian Supreme Administrative Court (VwGH) has decided that in the event of an asset deal (e.g. sale of a building) with singular succession (rights transferred individually), a new lease agreement is created for VAT purposes. In practice, this means that after the sale, a lease of business premises that is subject to VAT is […]

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Austrian National Council approves COVID-19 support measures in tax law

On 21 December 2021, the Austrian Parliament passed two legislative packages on pandemic-related support measures. These concern both tax relief in the Income Tax Act (EStG), Corporate Income Tax Act (KStG), VAT Act (UStG) and others, as well as simplifications in connection with tax payments. Here we have provided an overview of the key points: Income […]

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Eco-social tax reform 2022: Changes to the draft legislation

On 15 December 2021, the bill of the Austrian Eco-social Tax Reform Act 2022 was published. Below we provide an overview of the most relevant changes between the consultation draft and the bill (see German Tax Newsletter of 12 November 2021): Tax-free employee participation in profits From the year 2022, employees are to be eligible […]

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