Page 9 - CEE Tax Guide 2024
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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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