Page 8 - CEE Tax Guide 2024
P. 8

Austria                                                                                                                VAT compliance in their EU-home country). Monthly/  Certain private expenses are deductible under various
                                                                                                                                  quarterly returns are filed electronically, and annual
                                                                                                                                                                                      conditions (e.g. donations to charities, churches, tax
                                                                                                                                  returns must be completed by June 30 of the following   advisory fees, tax losses carried forward).
                                                                                                                                  year. Companies represented by a tax advisor can have the   Partnerships are not subject to income tax themselves.
                                                                                                                                  deadline extended substantially.                    Their profit is subject to either income tax or corporate
                                                                                                                                  Excise for certain alcoholic drinks (e.g. wine, beer), natural   income tax at the level of the partners.
                               Mazars Austria GmbH                                                                                gas, oil, coal, etc., in line with the EU system.
                               Kärntner Ring 5–7                                                                                                                                      A compulsory public social security system is in place
                               1010 Vienna                                                                                        Personal income tax / Social security system        in Austria.
                               Phone: +43 1 531 74-0                                                                                                                                  Social security contributions for employees are partly
                               vienna@mazars.at                                                                                   According to the domestic tax law, individuals are   borne by the employee and partly by the employer.
                               www.mazars.at                                                                                      deemed to be tax resident in Austria if they have their   The base is the gross salary and benefits. A maximum
                                                                                                                                  residence or habitual abode in Austria. In this case, the   contribution base of EUR 84,840 per year for 2024 applies.
                                                                                                                                  individual's global income is subject to Austrian income   Social security contributions amount to 39.05% (18.07%
                                                                                                                                  tax. Other individuals are subject to tax on income from   employee and 20.98% employer). Additionally, employers
                                                                                                                                  their Austrian sources.                             are obliged to pay other payroll-related costs amounting
           Corporate taxes and other direct taxes              Tax losses can be carried forward indefinitely (but only 75%       The term income is specified in the Income Tax Act.   to approximately 8.6%.
                                                               of the profit of a single year can be offset).                     Tax rates are progressive from 0% (for yearly income   For self-employed persons, the same maximum
           Under domestic tax laws, corporations are deemed    Thin capitalization rules (TCR) are in place in accordance         up to EUR 12,816) to 55% (for yearly income exceeding   contribution base is used (EUR 84,840 per year for 2024).
           to be tax resident in Austria if they have either their   with the EU-ATAD (Anti-Tax Avoidance Directive). Further     EUR 1,000,000). Certain allowances are available    Social security contributions amount to 26.83%. This
           registered seat or their effective place of management   restrictions relate to the deduction of interest paid         depending on the taxpayer’s family status. Income tax   insurance covers health insurance, pension insurance and
           in Austria. In this case, the global income of the corporation   to intercompany recipients. CFC rules were introduced   on wages is withheld and directly paid to the tax office   accident insurance. For the first 3 years, lower contribution
           is generally subject to Austrian corporate income tax.   in accordance with the EU-ATAD.                               by the employer.                                    bases are applicable.
           Other corporations are subject to Austrian corporate   Some 100 double tax treaties are in place. Withholding          Investment income (e.g. interest, dividends, capital gains   No social security contributions are due for income not
           income tax only on the basis of income generated from   tax can be reduced at source to treaty rates                   from investments) is generally subject to a separate tax   exceeding EUR 518.44 per month.
           Austrian sources. Partnerships are not subject to CIT.   or under the EU-Parent-Subsidiary Directive, if formal        rate of 27.5%. Capital gains from real estate are subject
           The corporate income tax rate is 23%.               requirements are met.                                              to a tax rate of 30%.
           The tax base is generally determined based on the result
           of the income statement under commercial law, which   VAT and other indirect taxes
           is then amended insofar as the tax law contains deviating
           rules (e.g. tax exemptions, restrictions of deductions,   The harmonized EU-VAT-system applies. The general
           or tax-specific valuation rules).                   rate for the sale of goods and services is 20%. Reduced
           There is a yearly minimum CIT amounting to EUR 3,500   rates of 10% or 13% apply, for example, for agricultural
           for public companies (AG) and EUR 500 for limited liability   products, real estate rentals with a residential purpose,
           companies (GmbH). Any unused minimum amounts can    entertainment, and art. Many exemptions are in place (e.g.
           be offset against future CIT payment obligations.   exports, interest, insurance premiums, sale of real estate).
                                                               Entrepreneurs with annual net sales not exceeding EUR
                                                                                                                                                                                                                   Average wage
            Transfer pricing in Austria                        35,000 are exempt from VAT obligations. Non-residents               Wage related taxes in Austria                       Minimum wage*              in private sector
            Arm's length principle   ü     Since 1988          trading in Austria (B2C) are subject to registration                                                                    in EUR                     in EUR
                                           Since 1988 /        immediately, unless they apply the OSS system (central
            Documentation liability  ü   extended in 2016                                                                                                                               2,301                    4,753**
            APA                  ü          Since 2011          VAT options in                                                     Total wage cost                                      2,979     129.50%          6,155     129.50%
                                         Every business unit    Austria                Applicable / limits                               Employer's social security and other contributions***  678,66  29.50%     1,402      29.50%
            Country-by-Country         of a CbC-relevant group
            liability            ü    must submit a notification   Distance selling        As of July 1, 2021,                     Gross salary****                                     2,301     100.00%          4,753     100.00%
                                      about the reporting entity.                      the OSS system is applicable.                                              Personal income tax   90,08       3.92%         648,17      13.64%
            Master file-local                                   Call-off stock                 ü                                                              Employees' contributions  367,59     15.98%         852,09      17.93%
            file (OECD BEPS 13)   ü            –
            applicable                                          VAT group registration         ü                                   Net salary                                           1,843      80.11%          3,253      68.44%
            Penalty                                             Cash accounting - yearly
                                                                amount in EUR (approx.)*  EUR 700,000/year                        * Example – employee in the retail business in Austria, 1st professional year.
              lack of documentation   ü  Up to EUR 50,000                                                                         ** Average monthly salary of full time employed persons in Austria in 2021 (yearly remuneration divided by 12 months).
                                                                Import VAT deferment           ü                                  *** In addition to social security contribution to family equalization fund, surcharge, severance payment and municipal taxes are also included here.
                                                                                                                                  **** Monthly gross salary (yearly remuneration divided by 12 months).
                                       Potential fines according                      Gas, electricity, heating, emission
                     tax shortage  ü
                                        to Tax Criminal Law.
                                                                                     quotas, cell phones, game consoles,
                                                                Local reverse charge  construction services, scrap, auction
                                                                                     (foreclosure) of immovable property.
                                       Persons who are linked
                                        directly or indirectly   Option for taxation
            Related parties    > 50%   by ownership (capital)
                                          or control (same          letting of real estate     ü
                                     management, same owners).  supply of used real estate     ü                                                 Florian Würth
            Safe harbors        No              –               VAT registration          EUR 35,000/year                                        Partner – Tax Advisor – CPA
                                                                                                                                                 Phone: +43 1 531 74-780
            Level of attention paid by Tax                      threshold**                                                                      E-mail: florian.wuerth@mazars.at
            Authority                        8/10              * Not applicable for corporate enterprises.
                                                               ** VAT exemption for domestic small businesses.
           8     Mazars                                                      Central and Eastern European tax guide 2024          Central and Eastern European tax guide 2024                                             Mazars    9
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