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Tax-News | Business-News

Design variants in crowdfunding

LBG Austria - Summary: Crowdfunding has become increasingly important as an alternative to traditional forms of financing in recent years. Depending on the type of consideration, the following types of crowdfunding with different income tax effects can typically be distinguished:

Crowdinvesting and Crowdlending (subordinated loans): crowd investing is characterized by the fact that investors provide capital in the long term and in turn participate in the company's success. In crowd lending, subordinated loans are issued and interest is paid in return. From the capital acquirer's point of view, compensation to investors is usually tax-deductible only if the capital invested is debt capital. The investor may receive income from capital assets, operating income, interest income or income from participations, depending on the nature of the consideration, the type of company of the capital acquirer and whether the investment is made out of private assets or business assets.

Crowdsponsoring: in crowd sponsoring, investors/sponsors receive non-monetary consideration, such as advertising services. From the point of view of income tax, it must be distinguished between sponsoring or pre-financing of products. For the capital acquirer, sponsoring payments constitute income tax receivable. This is only deductible for the sponsor if the payment is made on an operational basis, has a broad public advertising impact and there is an appropriate relationship between performance and consideration.

Crowddonating: is usually used for the promotion of Projects in the creative, cultural and art Scene. The investor/donor is waived entirely on a consideration. From the point of view of the recipient of the donation, as far as the operational area is concerned, there is an operating income. For the donor, the donation is tax deductible only if the recipient of the payment is a favoured beneficiary.

The income tax assessment of crowdfunding financing is always dependent on the individual case, both from the point of view of the investor and from the point of view of the receiver. In this regard, the classification as equity or debt capital (crowdinvesting, crowdlending) as well as the evaluation as pure pre-financing, sponsoring or donation (crowd sponsoring, crowd donating) are decisive. In addition, depending on the type of company and whether the investment is made from private assets or business assets, a different tax assessment may result.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

February 28, 2019
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BREXIT - Austrian limited liability company as an alternative to the British Limited (Ltd)

LBG Austria - Summary: The United Kingdom of Great Britain and Northern Ireland is expected to leave the European Union on March 29th 2019. In recent years, many limited companies have been incorporated under English law and registered in the English commercial register, which have been operating in Austria from the very beginning and are also headquartered here. This was often due to the admissibility of a foundation without minimum capital and the unbureaucratic construction. In the context of the announced Brexit, panic is inappropriate because the Austrian legislator is preparing a limited grace period until the end of 2020. Nevertheless, it makes sense to think about legal form alternatives, for example, an Austrian (start-up-privileged) limited liability company and thus avoid imponderables. But also for all companies in Great Britain, which aim a company seat in the European Union in the future, a limited liability company with seat in Austria is a good option.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

February 1, 2019
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Federal Ministry | Republic of Austria: Information on Brexit scenarios and the tax implications of an "unregulated" Brexit

LBG Austria - Summary: The Federal Ministry has published an overview of the possible scenarios for the UK's exit from the EU following the rejection of the withdrawal agreement by the British Parliament on January 15th 2019. This may be a regular EU exit ("deal"), the extension of the negotiation phase and withdrawal of the withdrawal application or an unregulated EU exit ("no deal").

In the event of a "disorderly" Brexit at the end of March 2019 (ie, no exit agreement and no "transitional phase"), the United Kingdom should be treated as a third country with immediate effect, with corresponding tax consequences for income tax, value added tax and private individuals.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

January 18, 2019
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Precautionary tax check: tax audit, financial criminal law, payroll accounting - minefields in practice

LBG Austria - Summary: Each (!) tax audit report is subsequently also assessed by the Financial Criminal Authority with regard to criminal-law-relevant facts. The confidence to achieve a useful "negotiation result" in the course of the tax audit or the enjoyment of an already achieved "good" result can therefore be too early.

Anyone who wants to be on the safe side as a manager, board member, entrepreneur or commercial manager should at least follow those key word-like practice recommendations: Was a duty to report, disclosure or truth violated or caused a tax reduction? Are there any possibilities for restructuring, such as a self-disclosure, the withdrawal from the trial or the use of a reduction surcharge (§ 30a FinStrG) depending on the amount of the tax reduction? In case of potential wage tax offenses also the effects on social security contributions, non-wage labour costs and risks from wage and social dumping have to be taken into account.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

January 18, 2019
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Risk Check: Economic Relations between close relatives or affiliates

LBG Austria - Summary: Especially in family businesses there is the need for close cooperation accompanied by a variety of service relationships, just as within corporate groups. But what seems necessary and reasonable in the daily work to quickly meet customer wishes, can lead to fatal tax and social security arrears in the hardly permeable thicket of tax and social security law and in the family circle at most to jeopardize pension or social benefits for co-working family members. In the business association, risks arise from inappropriate transfer prices. Related tax audits are becoming stricter than ever.

It therefore absolutely makes sense to take a critical and careful look at all economic and legal relationships in the family circle or companies connected to one another through timely participation, to create order and to set the right course in time.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

January 18, 2019
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Fit for talking to banks: documents, creditworthiness, balance sheet, conditions

LBG Austria - Summary: The professional cooperation with financiers on the basis of reliable, realistic numbers proves itself. The timely and careful preparation of documents is important for the purpose of determining one's own position and for the orderly communication of the company's economic and financial situation. It must always be considered: entrepreneurs, managing directors, board members, shareholders, commercial managers are personally responsible for the accuracy of their oral and written information about the current or future situation of the company – furthermore they are also liable for not holding back information that might be disadvantageous for credit lending decisions.

In any case, the following documents should be available: annual financial statement of the last financial year including the comparison with the previous year. Current "balance sheet" or "short-term profit-and-loss accounts", which are separated in terms of time and content, whereby the assets, liabilities, income and expense accounts should be structured in the same way as the annual financial statements, including amounts and percentages and pressure from the previous year (depending on the industry including seasonal comparison); a monthly target / actual comparison of the current year completes a current economic overview. Additionally, an overview of the annual performance planning (budget), the annual financial plan and, if necessary, an investment calculation.

Contact & Advice: This information naturally shows basic aspects of the topic - for completeness and correctness no guarantee can be given despite careful preparation. LBG will gladly advise you in your individual situation. Please contact one of our 31 Austria-wide locations (www.lbg.at) or welcome@lbg.at - we will gladly bring you together with one of our experts, who is very familiar with your request.

January 18, 2019
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VAT: Exercise important VAT-related options at the beginning of the year in time

LBG Austria - Summary: If an entrepreneur wants to switch from actual taxation to imputed taxation or wants to voluntarily file monthly preliminary VAT returns or wants to return to small business exemption regulation it is necessary to pay attention to the corresponding deadlines for application.

Switch from actual taxation to imputed taxation:
As a rule, tax liability takes effect in the month in which deliveries or services are provided (imputed taxation) or, in the case of taxation according to monies received (actual taxation), per the end of the calendar month in which they were earned. In Austria, entrepreneurs who work freelance (such as lawyers) or entrepreneurs not obligated to keep books of account, may apply for imputed taxation instead of actual taxation. The application therefore must be filed no later than the deadline for filing the first preliminary VAT return, as a rule therefore with the January preliminary VAT return by March 15 at the latest.

Voluntary monthly preliminary VAT return:
Entrepreneurs with sales exceeding € 100.000 in the preceding calendar year are obligated to file their preliminary VAT returns monthly. If sales are between € 30.000 and € 100.000 preliminary VAT returns generally need to be filed quarterly. In that case, however, entrepreneurs may voluntarily opt for monthly preliminary VAT returns. In order to opt for this choice it is necessary to submit the preliminary VAT return for the first calendar month of a taxable period on time, as a rule therefore by March 15.

Return to small business exemption regulation
Small business owners are entrepreneurs who operate their business in Austria (are resident or domiciled in Austria up until 31 December 2016) and who do not exceed a turnover limit of € 30.000 annually. They do not have to pay any sales tax on their income to the fiscal authorities; on the other hand they may not deduct input tax from expenses. If small business owners want to switch from being exempt from sales tax to sales tax liability they can waive it (option declaration). This waiver is binding for at least five years. In order to return to the small business exemption regulation the withdrawal must be declared no later than the end of the first calendar month. Otherwise sales remain subject to VAT.

We recommend prior to making one of the choices described above to compare the options in terms of profitability and liquidity.

Contact & Advice: Our experts at LBG will be pleased to advise you in your individual situation. Please contact our consultants either directly at LBG at our 30 locations in Austria (www.lbg.at) or email us welcome@lbg.at – we will connect you with the right expert at LBG who is very familiar with your concerns.

January 2, 2018
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Wage dumping - avoid risks: from wrong classification in collective agreement to deductions for employee contributions

LBG Austria - Summary: On January 1st 2017 the “Anti-Wage and Social Dumping Act” (LSD-BG) came into effect in Austria as a standalone act (previously it was included in the Labour Contract Adaptation Act, AVRAG). Wage dumping does not only refer to the act of offering (on purpose) excessively low wages, in fact there are several pitfalls lurking in daily payroll accounting practice that may lead to violations of law and significant penalties for entrepreneurs, managers, board members. A careful and competent check may prevent from unintended consequences.

Special attention should be paid to those fields of daily payroll accounting: wrong classification of employment (contract for work, service contract, free service contract), wrong or no classification in collective agreement, wrong or no collective wage increase, unpaid or insufficient paid additional hours/overtime, accounting errors in all-inclusive overtime arrangements, no or insufficient working time records, late payments etc.

We support you in planning and implementing the right measures and take a competent expert-look at your employments.

Contact & Advice: Our experts in the consulting field “payroll accounting, income tax, social security, labour law” will be pleased to advise you in your individual situation. Please contact our consultants either directly at LBG at our 30 locations in Austria (www.lbg.at) or email us welcome@lbg.at – we will connect you with the right expert at LBG who is very familiar with your concerns.

January 2, 2018
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Investment-related tax-free profit allowance: Eligible securities are no longer limited to mortgage bonds. For claiming 2017, investments must be carried out by December 31st.

LBG Austria - Summary: Natural entities that generate revenues from commercial activities (farming and forestry, commercial operation, self-employed work) can claim a tax-free profit allowance. For partnerships (e.g. OG, KG) the partners can claim tax-free profit allowance in the amount of their share of the profit. The tax-free profit allowance amounts to a maximum of 13% of the profit and is made up of a basic tax allowance for profits of up to EUR 30.000 and beyond that of an investment-related tax allowance (13% for an assessment base of up to EUR 175.000; 7% due on the next EUR 175.000; 4.5% on an additional EUR 230.000). From an assessment base of EUR 580.000, no tax-free allowance is available. In total, the granted tax concessions are limited to EUR 45.350 per taxpayer and year.

Which investments are eligible for claiming the investment-related tax-free profit allowance?
Eligible assets include tangible depreciable assets (the most important exceptions being cars, low-value assets, used assets) with a user life of at least 4 years and eligible securities.

As of 2017, again greater variety of eligible securities
On account of the 2014 Law on Tax Modifications (Abgabenänderungsgesetz), only mortgage bonds were granted tax concessions as securities for claiming the investment-related tax-free profit allowance. This restriction of securities to property investments was limited until 2016. Therefore all securities granted tax concessions are eligible for fiscal years from 1/1/2017 (securities that can also be used to cover personnel-related provisions pursuant to Section 14 Par. 7 Line 4 of the income tax code). Those are for example federal bonds, bank bonds, corporate bonds, option bonds, exchangeable bonds, certain investment and real estate funds as well as guarantee certificates.

Claiming the tax-benefit
The basic tax-free allowance must be entered in the tax return but will essentially be granted automatically. The investment-based tax-free allowance must be disclosed in the tax return of the respective year. The sum of the tax-free allowance, broken down by physical assets and securities granted tax concessions, is to be entered.

Contact & Advice: Our experts at LBG will be pleased to advise you in your individual situation. Please contact our consultants either directly at LBG at our 30 locations in Austria (www.lbg.at) or email us welcome@lbg.at – we will connect you with the right expert at LBG who is very familiar with your concerns.

December 12, 2017
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Existence of a domestic permanent establishment at domestic „Home Office” in Austria

LBG Austria - Summary: Where a home office is used on a continuous basis for carrying on business activities for an enterprise and it is clear from the facts and circumstances that the enterprise has required the individual to use that location to carry on the enterprise's business (e.g. by not providing an office to an employee in circumstances where the nature of the employment clearly requires an office), the home office may be considered to be at the disposal of the enterprise". (EAS-Information, Federal Ministry of Finance, Austria, 11/6/2017, BMF-010221/0333-IV/8/2017, valid from 11/6/2017)

Contact & Advice: Our experts at LBG will be pleased to advise you in your individual situation. Please contact our consultants either directly at LBG at our 30 locations in Austria (www.lbg.at) or email us welcome@lbg.at – we will connect you with the right expert at LBG who is very familiar with your concerns.

December 4, 2017
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