"Making a clean breast of it with voluntary disclosure

For quite some time now, also in tax matters Restrictions and Intensifications perceptible. In addition to (primarily internationally driven) anti-abuse provisions, Austria has also seen some amendments to the Financial Penal Code come. For businesses, audits are as regular as they are sometimes unpleasant. When to Back payment from Taxes (for example, due to the non-recognition of business expenses) also financial criminal law significant Passage additionally, in extreme cases, this can result in sensitive Fines and even Prison sentences for the responsible corporate bodies.

Remedies against financial criminal law consequences and at the same time the Road back into Tax honesty offers the "Voluntary disclosure", whose essential elements are Explanation The Misdeed and Disclosure the significant circumstances that Compensation, the Naming the perpetrator and the Timeliness are in the advertisement. Although a voluntary disclosure is not subject to any particular formal conditions, it should regularly be made in writing and with the necessary diligence created. The Timeliness of voluntary disclosure is inter alia then given if immediately before the commencement of an audit procedure in the context of a Business audit a voluntary disclosure is made. It is also timely if Not yet official Prosecution against the advertiser or against persons involved in the offence were brought or not yet Patent discovery submitted. If a voluntary disclosure is made too late, it at least still as Mitigating factor to be considered in a financial criminal proceedings.

At the Naming the perpetrator It should be noted that a voluntary disclosure is only effective for the person making the disclosure and for the person(s) for whom it was made. This Exact designation requirement exists not only when several people come into question as perpetrators, but also when the perpetrator is the sole shareholder and sole managing director of a company and therefore de facto only one certain Person the perpetrator could be. The Compensation has inside a deadline of a Month to take place, whereby within this period Payment deferrals for a maximum of two years applied for can. Since it is disputed whether depositing the money with the (own) bank on the last day of the month is sufficient to obtain the tax-exempting effect of voluntary disclosure, or whether the money must already have arrived at the tax office's account on that day, it is advisable to pay the amount due Payment anyway to be carried out in good time.

No more dithering with "piece by piece" voluntary disclosure

In addition to the generally demanding prerequisites for a successful voluntary disclosure, it should be noted that a few years ago there was significant limitations in the area of application for voluntary disclosure. The restrictions should be viewed generally in terms of greater tax honesty lead and condition that a Full voluntary disclosure must take place for them to be effective. Before this tightening due to the 2014 Financial Criminal Law Amendment, it was sometimes common to only file a voluntary disclosure when the risk of discovery increased – and then possibly "little by little". This approach was already costly in the past, as Each one Tax increase of 25% had to be paid.

By revoking the immunity from prosecution for multiple voluntary disclosures, a Voluntary disclosure then no longer tax-exempt, if once before regarding the same claim for duty Voluntary disclosure Reimbursed being. It is also Insignificant, through which Debt-to-equity ratio the blocking effect takes effect. Thus, if a voluntary disclosure was inadvertently submitted incompletely, it is no longer possible to return to tax honesty through a further or supplementary voluntary disclosure for this year's tax claim. A essential exception however, the "uniqueness of voluntary disclosure" exists in cases of Advance payments such as for VAT returns.

High surcharge for voluntary disclosure shortly before a tax audit

Additionally, it has become a Price increase for voluntary disclosures I'm Scope of company audits arrived, to restrict a waiting period until the start of the operational audit. This only covers voluntary disclosures for gross negligence or. Intentional financial offences committed. The requirements described above for a successful voluntary disclosure apply independently of these. The (to be paid in addition to the amount evaded) Surcharge, which is assessed by the tax authority by means of a notice, is calculated according to Height The resulting from the voluntary disclosure Additional amounts and is tiered as follows.

Should this surcharge only be paid in part, it will only (or at least) lead to Partial effectiveness of voluntary disclosure. Generally, in Austria – unlike in Germany, for example – the (one-time) partial effectiveness of voluntary disclosures is recognised. Partial effectiveness also follows from the wording of the law (e.g., ... immunity from prosecution only applies to the extent that... etc.).

No self-disclosures are provided for under the Fee Act (due to the absence of criminal tax consequences). Explicitly excluded Wurde die Möglichkeit einer Voluntary disclosure for Financial offences in connection with the submission of the country-by-country reportCountry-by-Country Report) within the framework of Transfer Pricing Documentation Act. Austrian corporations with a domestic ultimate parent company and consolidated prior-year group revenue of over €750 million can, in the case of missing or defective creation des Country-specific report Met bis to €50,000 fine to be punished. The remedy by Voluntary disclosure It's here explicit excluded.

Shortening allowance for minor financial offences

Following the exonerating effect of voluntary disclosure, there is the possibility of decriminalising financial offences with relatively low criminal intent. Provided that the relevant Tax reductions, which, for example, were identified during a company audit, in one year (assessment period) Not more than €10,000 turn off and in total no more than £33,000 exceed, can be done by Shortfall surcharge impunity within the meaning of the Financial Criminal Act can be obtained. The The shortening surcharge is 10% the assessed additional claims and conditional agreement or application by the taxpayer. The levy claim, including the shortening surcharge, must be paid within one month – a deferral of payment is not possible in this case.

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