The article analyzes the CJEU ruling in Titanium Ltd v. Finanzamt Österreich (C-931/19) and its implications for fixed establishment and reverse charge in cross‑border B2B services. It clarifies that a fixed establishment requires permanent human and technical resources, and that the reverse charge applies when such an establishment exists. It also notes that Article 47 lex specialis applies to services linked to immovable property, making VAT payable in the Member State where the property is located regardless of a fixed establishment.
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The Cattle Site · about 4 hours ago
Austria’s parliament approved legislation halving the VAT on essential food items to 4.9% from 10% effective 1 July 2022. The measure covers staples such as milk, bread, eggs, rice, flour and selected fruits and vegetables, and is expected to save households about €100 a year.
The Poultry Site · about 6 hours ago
Austria has approved legislation to halve the VAT on essential food items, reducing the rate from 10% to 4.9% effective 1 July 2026. The measure covers staples such as milk, bread, eggs, rice, flour, and certain fruits and vegetables. The government estimates the cost at €400 million and household savings of about €100 per year.
VatCalc · 3 days ago
Austria is proposing a €2 delivery tax on B2C e-commerce parcels from large sellers, effective 1 October 2026, payable by the seller and triggered upon payment acceptance. The measure targets sellers with >€100 million in Austrian distance sales and aligns with the EU's upcoming €3 customs levy on low-value imports from 1 July 2026. Consultation on the proposal runs until 26 May 2026.
VatCalc · 3 months ago
Austria has increased its Intrastat reporting thresholds for 2026. From 1 January 2026, the arrivals threshold rises to €5 million per annum and the dispatch threshold to €1.2 million per annum. Statistical thresholds remain at €12 million for both arrivals and dispatches.
Wolters Kluwer · 3 months ago
Austria will exempt menstrual hygiene products and certain contraceptives from VAT from 1 January 2026, replacing a 10 % reduced rate. The Austrian Federal Competition Authority (BWB) is empowered to ensure the tax savings are passed on to consumers and can launch sector investigations if prices do not reflect the relief. This marks a novel use of competition law to safeguard the effectiveness of a gender‑focused social policy.
Bloomberg Tax · 3 months ago
The Austrian Federal Ministry of Finance clarified the input VAT deduction rules for commercial vehicle leasing in a Federal Finance Court decision. The ruling states that input VAT can only be deducted when the rental activity is a clear, objectively verifiable commercial operation, not merely asset management, and that leasing to related companies alone does not qualify. The decision applies to intra‑community vehicle purchases and impacts companies claiming VAT on passenger cars used for group leasing.
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Key Takeaways
The ruling (3 June 2021) confirmed that a fixed establishment requires a permanent presence of both human and technical resources at the place of activity.
The reverse charge under Articles 194/196 applies when a fixed establishment exists in the Member State where services are supplied.
Yes, Article 47 lex specialis applies to services connected with immovable property, making VAT payable in the Member State where the property is situated irrespective of a fixed establishment.
The ruling upheld that the Austrian tax authority could treat the leased property itself as a fixed establishment, leading to VAT assessment in Austria.
Primary source
Read the full article at Kancelaria SkarbiecThis summary was published on VATfaqs.com on 5 April 2026. It relates to VAT developments in Austria. The original source is Kancelaria Skarbiec.
