Austria: No annual CbCR notification required since 1 January 2022

Section 4 of the Austrian TP Documentation Law (VPDG) contains a notification obligation in connection with CbCR. The notification obligation also applies to Austrian permanent establishments of MNE groups whose turnover exceed the threshold of EUR 750 million. The CbCR notification must indicate which business unit is subject to the reporting obligation. The notification must generally be made for all domestic business units of an MNE group as defined by Section 3 para. 1 Austrian TP Documentation Law annually at the latest by the last day of the reporting FY (reporting deadline). Such a statutory deadline cannot be extended by the tax office.

Point 447 of the new Austrian Transfer Pricing Guidelines 2021, however, stipulates that for FYs with a reporting obligation that commences after 31 December 2021, a notification is only required if

• there have been changes compared to the notification submitted in the previous year (e.g. if the ultimate parent company changes).
• the end of the affiliation to an MNE group must be reported with an “Empty Report”.
   

Apart from these circumstances, an annual CbCR notification is no longer required. It should be emphasised that this favourable regulation in Austria is in contradiction to the OECD Guidelines 2017 and the new OECD Guidelines 2022 (published 20 January 2022) and therefore, as a rule, deviating annual notification obligations could exist abroad. In the case of doubt, it is not objectionable to still submit an annual notification electronically via FinanzOnline in Austria.

Read the WTS Global Transfer Pricing Newsletter here.