Tax & Financial Insights
Stay informed about Austrian tax regulations, business matters and financial developments with practical insights from TAX AUSTRIA.
INTERNATIONAL TAX
CJEU on Real Estate Transfer Tax
The Court of Justice of the European Union (CJEU) has ruled that real estate transfer tax on certain contributions in kind of shares in land‑owning companies may breach EU law.
TAX & BUSINESS
Abolition of the Property Tax Exemption in Vienna
The Vienna Property Tax Exemption Act, which was previously applicable in Vienna, was repealed at the beginning of the year, ending the exemptions it regulated.
TAX & BUSINESS
Electronic Service of Notices
A missing e‑mail notification about a newly received notice in the FinanzOnline data box does not affect the validity of the electronic service.
TAX & BUSINESS
No Restoration to the Previous State Due to Missed Deadline Caused by Holiday
A holiday does not relieve one of the duty to ensure proper representation and deadline monitoring.
HR & PAYROLL
Travel expense allowance for athletes, referees and sports supervisors
Non-profit sports clubs can, under certain conditions, pay a flat travel expense allowance tax‑ and social‑security free. From 1 January 2023 this is increased from € 60 to € 120 per day of activity and limited to a maximum of € 720 per month.
TAX & BUSINESS
Claim interest from 1 October 2022
For income and corporation tax for 2021 that have not yet been assessed and are assessed after 30 September 2022, claim interest applies again.
TAX & BUSINESS
Residential purpose or accommodation?
The Administrative Court (VwGH) ruled that a flat that is let out for only a few weeks or even days cannot be said to involve a stay of indefinite duration. In this, the term “residential purpose” differs from that of “accommodation”.
TAX & BUSINESS
Energy Communities under the Renewable Energy Expansion Act
Under the Renewable Energy Expansion Act (EAG), entrepreneurs also have the possibility to join forces with other participants across property boundaries by establishing energy communities, in order to use energy jointly.
TAX & BUSINESS
Tax exemption of charitable associations
If charitable associations carry out economic activities within a separate business, the (incidental) profits generated enjoy tax advantages. For indispensable auxiliary businesses, the competitive situation with other rival companies must be taken into account.
TAX & BUSINESS
The Super‑edifice from a Tax Perspective
A super‑edifice is a structure built on someone else’s land with the intention that it will not remain there permanently. Unlike a building right (Baurecht), the original acquisition of ownership of the building occurs through the construction itself, thus without deed registration and without entry in the land register.
TAX & BUSINESS
Reintroduction of the Investment Allowance from 2023
The investment allowance (IFB) has been reintroduced as an economic stimulus measure. It can be claimed for assets that are acquired or produced from 1 January 2023.
TAX & BUSINESS
Attribution of Income to the Sole Shareholder of a Ltd.
According to the Administrative Court (VwGH), the attribution of income to the sole shareholder – and thus personal tax liability – depends on the outward appearance that can be perceived.
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