Tax-News | Business-News

Tax Treatment of cryptocurrencies (= virtual currencies: e.g. bitcoins)

LBG-Summary: The Austrian Federal Ministry of Finance has just announced its legal opinion on the treatment of income tax and turnover tax of a business activity in connection with cryptocurrencies in Austria, depending on whether these are held in the company’s assets or in private assets. Cryptocurrencies are currently not recognized as an official currency in Austria.

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.

August 10, 2017
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Employment bonus for new jobs – application as of July 1st 2017 - consider 30-day application period and requisite evidence

LBG-Summary: Starting on July 1st 2017, companies are entitled to apply for a refund of 50% of non-wage labor costs (e.g. employer social security contribution) for each newly created job over a period of up to three years. The funding is accessible to companies regardless of their size or the business sector in which they operate provided that their headquarters or permanent establishment is located in Austria. The public financing bank Austria Wirtschaftsservice (aws) is responsible for handling the application and granting of funding. You can find all details to "employment bonus" in our LBG information from 26/07/2017: Employment bonus from 01.07.2017.

Practical hints:
◾ Eligibility: Each additional employee must be "eligible". We recommend obtaining an electronic data extract from the social insurance carrier.
◾ Data Protection: A "declaration of consent" from each employee eligible for funding must be submitted for the transfer of personal data to the "aws". We recommend to include this "declaration of consent" already in the contract of employment.
◾ Confirmation by tax consultants or auditors: The funding guidelines stipulate that a tax consultant or auditor must confirm specific eligibility criteria in the "funding application" as well as in the subsequent "later registration of further employees" and specific criteria for the twelve-month later following "funding account". It is not merely a "formal rule", but a carefully performed and documented expert performance. Thus the legislature shifts the responsibility for the correctness of the information in the "funding application" and the associated professional work to the entrepreneur as well as to the confirming tax consultant or auditor and would like to protect himself against abusive funding applications.

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.

July 27, 2017
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“Self-employed” or “Employee” – since July 1st 2017 a binding decision by the social insurance is possible in Austria, even in advance

LBG-Summary: The classification “Self-employed” or “Employee” can be challenging and has, if wrong, severe consequences on social security and taxes in Austria. In practice, difficulties in the classification arise mainly when freelancers are predominantly working for one client or are integrated into their client’s economic organization. In the course of an audit by the authorities, the question regularly arises is whether the customer has to be qualified as an employer - with all associated obligations and additional payment. In order to provide a binding effect and avoid later consequences, as of July 1st 2017 certain groups, notably “new self-employed”, freelancers, farmers carrying out sideline activities, will be checked by questionnaire – now already before starting to work – if they are assigned to the correct social security and therefore correctly classified “self-employed” or “employee”. The social security check is also possible for existing employment.

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.

July 14, 2017
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The Austrian Supreme Administrative Court clarified: VAT-free intra-Community supply of goods also applies if both, supplier and buyer take part in an “interrupted” transportation of goods

LBG-Summary: Recently, the Austrian Supreme Administrative Court had to decide if in cases, where the responsibility of the transportation of goods is split by supplier and buyer has to be considered as two separate VAT-relevant processes in the EU or one consistent delivery. The decision of the Supreme Administrative Court that also “split” transportations have to be considered as consistent delivery lead to VAT facilitations.

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.

July 14, 2017
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VAT: If the distance selling threshold in an EU recipient country is exceeded, the Austrian supplier owes foreign VAT

LBG-Summary: Due to the free movements of goods within the EU, the delivery of goods to foreign customers is generally easy and non-bureaucratic. However, as an entrepreneur you have to pay special attention to the respective distance selling thresholds in the EU which come into effect when delivering notably to private individuals, small enterprises on behalf of VAT rules or flat-rate farmers. If the Austrian supplier exceeds the distance selling threshold in a certain EU country (for example Germany € 100.000, Italy € 35.000, France € 35.000), the VAT liability is shifted from Austria to that particular EU recipient country. Note: If goods are dispatched or transported from an EU-Member State to Austria by a foreign supplier or on behalf of a foreign supplier exceeding the Austrian distance selling threshold (€ 35.000), the VAT liability is shifted to Austria and the foreign supplier owes Austrian VAT.

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.

July 14, 2017
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Employment bonus for new jobs – application as of July 1st 2017

LBG-Summary: Starting on July 1st 2017, companies are entitled to apply for a refund of 50% of non-wage labor costs (e.g. employer social security contribution) for each newly created job over a period of up to three years. The funding is accessible to companies regardless of their size or the business sector in which they operate provided that their headquarters or permanent establishment is located in Austria. The public financing bank Austria Wirtschaftsservice (aws) is responsible for handling the application and granting of funding.

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.

June 28, 2017
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