Posts tagged #Tax Law
All PostsOGH: Amendments to the Austrian Income Tax Act
Tax LawThe Austrian parliament has authorised tax relief measures for overtime work and employment during public holidays. Public holiday work: Tax-exempt up to EUR 400 per month Employers have often handled pay for work done on public holidays inconsistent...
German BFH Decides on Tax-Deductible Dual Household Expenses
Tax LawThe German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has recently ruled on the tax deductibility of parking space costs in the context of maintaining two households. Second residence The case pertains to a second residence, including a ...
GER: Fiscal Court on Tax Rules for Holiday Home Rentals
Tax LawThe German Federal Fiscal Court was tasked with determining under what circumstances losses incurred from a holiday property rented solely to vacationers may be recognised for tax purposes. Holiday rental property Since 2008, a woman had exclusively ...
GER: Tax Law: Cabinet Approves Investment Program
Tax LawThe German Growth Opportunities Act has implemented tax incentives and increased planning certainty to strengthen the country's business environment. These prompt fiscal measures are intended to encourage investment, support economic expansion, and i...
Real Estate Transfer and Income Tax Changes Effective July 1, 2025
Tax LawThe Austrian legislature's 2025 Budget Accompanying Act (Bundesbegleitgesetz, hereinafter BBG) tightens real estate transfer tax rules for share deals. Starting July 1, 2025, a reclassification surcharge could apply to real estate income tax. This ar...
GER: Can Fines Be Used for Tax Reductions?
Tax LawCriminal fines are not work-related expenses. This was ruled by the German Federal Fiscal Court (Bundesfinanzhof, BFH). However, if a fine serves as compensation or if the proceeds of the crime are recovered as criminal assets, this is a different ma...
GER: Inheritance Tax – Tax-Free Allowance for Grandchildren
Tax LawIf a grandchild inherits from their grandfather, can they claim the EUR 400,000 tax-free allowance available only to children? Yes, if the child’s grandfather's parent is no longer alive. But what if the parent simply renounced? In the case at hand, ...
GER: BFH Rules on Second-Residence Taxes for Dual Households
Tax LawThe German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has ruled that in the case of dual households, second-residence taxes cannot be filed as deductible expenses. Rather, they form part of the costs of using a residence and are directly...
GER: Does Gifting Company Shares Result in Taxable Salaries?
Tax LawThe transfer of company shares as a gift to senior employees for the purpose of securing a company’s succession does not automatically result in taxable salaries in the case of income from work according to Section 19 (1) sentence 1 no. 1 of the Germ...
Austria: 2023 Crypto Tax Ordinance in Force
Tax LawOn 1 January 2023, the Ordinance on the Tax Assessment of Cryptocurrencies (Verordnung zur Ermittlung der Steuerdaten von Kryptowährungen) came into force. If the exact crypto purchasing costs or the purchasing dates are not known to the withholding ...
Cold Progression Soon to Be (Mostly) Austrian History
Tax LawThe draft of an Austrian Government bill to abolish cold progression (which is the Austrian tax term for bracket creep) is now on the table. Tax brackets and deductibles are to be automatically adjusted annually — mostly. New 2023 tax brackets For 20...
VwGH: EU Trade Mark Purchase as Concealed Distribution
Tax LawThe Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has affirmed that the purchase of an EU trade mark is a covert distribution if the trade mark is identical to a company's previous name lettering. The appellant was a limited liability ...
Austrian Administrative Court: Special Tax Rate for Foreign Bank Derivatives
Tax LawThe Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that income from non-securitised derivatives may be subject to a reduced tax rate even if they are handled through a foreign bank. The previous regulation was in violation of ...
Inflation: Higher commuter allowance and lower energy levies
Tax LawIn order to compensate for increased energy prices, the legislator has decided on a temporary increase of the commuter allowance and a reduction of various energy levies. Commuter allowance and “commuter euro” (Section 124b Z 395 of the Income Tax Ac...
ECJ: Tourist card is a voucher within the meaning of the VAT Directive
Tax LawThe European Court of Justice (ECJ) has ruled that a card which allows tourists to visit certain attractions up to a certain value at a reduced price during a certain period of time is a voucher within the meaning of Art 30a of the VAT Directive. The...
Austrian Administrative Court on tax privileges for stock options
Tax LawIn the case at hand, the appellant had been granted options for the acquisition of shares ("stock options") by his employer. The appellant had the choice between two alternatives, either "exercise & sell" or "exercise & hold". The appellant opted for...
VwGH: Personal hunting right is no right equivalent to real property
Tax LawSeveral plots of land of the agricultural and forestry business assets co-owned by partners were sold. The external auditor then determined that the total purchase price of the property included a share for the transfer of the personal hunting right ...
BFG on hidden profit distribution
Tax LawIn legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...
BFG: The classification of a "surety" and "guarantee" under civil law - essential differences also in the assessment of legal fees
Tax LawIn a lease agreement concluded between the plaintiff and the leaseholder, a contractual clause was inserted. According to this, a guarantor guarantees the leaseholder that he will be liable for his payment obligations should he fail to meet them desp...
COVID-19 Loss Allowance Regulation - COVID-19 reserve should allow for operating losses in 2020 to be taken into account in the 2019 assessment
Tax LawA draft of the Regulation on Loss Allowance 2019 and 2018 (COVID-19-Verlustberücksichtigungsverordnung) Allowance Regulation) was sent out by the Federal Ministry of Finance (Bundesministerium für Finanzen, BMF). The purpose of this regulation is to ...
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