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VAT is recoverable on your expenses
If your company has incurred VAT on expenses paid in Austria it is, in principle, entitled to claim the full VAT back from the Austrian VAT authorities. This recovery of VAT (known as the ‘”right to deduct” or the “right to refund”, depending on the situation) is an integral part of the VAT system.
Example: an Austrian supplier sells a machine (which remains in Austria) to a German company. The Austrian supplier should issue an invoice with Austrian VAT, which the German company will be able to claim back from Austrian VAT authorities: either via its Austrian VAT return (“right to deduct”) or via a special electronic procedure (“right to refund”) if the German company is not VAT registered in Austria.
What are the rules in Austria?
Refund or deduction of input VAT is possible only where such input VAT is deductible according to the Austrian VAT Act. The VAT Act provides that the entrepreneur is allowed to deduct as input VAT the amount of VAT separately shown on an invoice, issued to him by other entrepreneurs for supplies of goods and services which have been effected in Austria for the purpose of his business.
1. Living expenses
Deduction of input VAT is not allowed as far as living expenses [e.g. entertainment expenses] are concerned. As regards expenses for business meals, deduction of input VAT is only allowed where it is possible to provide evidence that such expenses have served advertising purposes and have predominantly been used for business or professional purposes.
2. Expenses associated with cars, mixes vehicles or motorcycles
Expenses in connection with the purchase, leasing or the operation of cars, mixed vehicles or motorcycles [including mopeds and motorcycles with side-cars] do not entitle to deduct input VAT. The only exceptions are motor vehicles of driving schools, motor vehicles for demonstration purposes, motor vehicles which are intended exclusively for commercial resale, and motor vehicles which are used to the extent of at least 80% for commercial passenger transport or for commercial lease.
Input VAT incurred in connection with motor vehicles other than cars, mixed vehicles or motorcycles as mentioned above [e.g. lorries, minibuses] is deductible provided that the requirements for deduction of input VAT are in principle met.
The Ordinance by the Minister of Finance, Official Gazette II No. 193/2002, lays down the respective requirements for the classification of vehicles in categories that qualify to deduct input VAT. Therefore, in cases where input VAT is claimed for vehicles which entitle to the deduction of input VAT, Austrian VAT authorities recommend that for the sake of a swift procedure, the taxpayer file supplementary documents which clearly show that the vehicle is not excluded from deduction of input VAT (e.g. copy of vehicle registration certificate) together with the original invoices at the time of application (i.e. in the course of the input VAT refund procedure).
3. Input VAT on the basis of travel inputs
Travel inputs are supplies of goods and services by third parties which are effected by an entrepreneur in the frame of travel services and from which travellers benefit directly (e.g. hotel stay). Input VAT for travel inputs is not deductible.
The VAT expert's eye
VAT is a tax which, in principle, is neutral for your company. If your company buys goods or services with VAT from abroad, it can claim this VAT back from the local treasury, which may offer a significant opportunity to reduce tax costs.
However, to achieve this result, your company must respect the rules of the VAT game, including 5 major principles:
- Improve your internal VAT recovery process (by tracking all expenses with foreign VAT)
- Ensure that local VAT has been correctly invoiced by the supplier
- Check whether VAT is fully or partially recoverable in the country
- Receive an invoice from your supplier with all mandatory details (name, address and relevant VAT number of the parties involved, detailed description of goods or services, etc.)
- Use the correct refund procedure
If your company fails to comply with any one of these 5 key principles, it may never recover the VAT paid on its expenditure.