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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Austrian VAT Guidelines 2021 published

The yearly amendment to the Austrian VAT Guidelines (UStR) was published on 6 December 2021. Here we provide you with an overview of the most relevant changes: Changes in connection with VAT groups In items 233 and 241, the Guidelines have been amended to reflect CJEU case law regarding the cases M-GmbH (CJEU 15.4.2021, C-868/19) and Danske […]

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Intrastat: Changes as of January 2022

In addition to the annual adjustments for Intrastat-declarations (e.g. update of CN8-Codes), new regulations will apply as of the reporting month January 2022 due to the regulations (EU) 2019/2152 und (EU) 2020/1197. In the following, we summarize the most important key aspects. Information to be reported The following information must be indicated: The nature of […]

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Reduction of the VAT rate to 5% in selected industries

To support the hospitality, cultural and publishing industries in Austria, which have been particularly affected by the COVID-19 crisis, a reduced VAT rate of 5% will be introduced for specific items for a limited period. The reduced rate will apply from 1 July 2020 until 31 December 2020. Hospitality (food and drink) Deviating from Section 10 Austrian VAT […]

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VAT reduction for hospitality, cultural and publishing sectors

On 12 June 2020, the Austrian Minister of Finance announced a new supporting measure for the hospitality, tourism and cultural sectors. Accordingly, a reduced VAT rate of 5% will apply for supplies of all food and beverages in restaurants and other catering establishments, as well as for access to museums, cinemas or musical events and supplies […]

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