Entry of the accounting obligation into effect in differential taxation

In the client information of February 2006, this was already mentioned. Accounting obligation with effect from 1st January 2007 Noted. In the 2005 VAT Protocol, it is clearly stated that the VAT assessment base of the differential taxation under § 24 UStG (antique and car trade) does not apply to the determination of the accounting limits under § 125 BAO. Instead, the decisive factor is the selling prices, which are required to be recorded under § 24, paragraph 11, item 1, UStG.
However, since the accounting obligation under § 125, paragraph 1a of the UStG only takes effect when the turnover has exceeded € 400,000 in two consecutive years, the question arises as to the beginning of the observation period. In this regard, the BMF holds the legal view that the Accounting obligation already as of January 1, 2007 entry occurs when in the two preceding years (2005 and 2006) the Sales exceeded the limit This was done. The tolerance limit granted by the BMF for 2006 was intended to prevent retroactive accounting obligations and a short-term change in accounting procedures as of 1 January 2006 only for existing companies. Companies affected by this rule should therefore prepare the change in their accounting procedures (cash management, monthly recording of receivables and payables, balance sheet reconciliation, etc.) in good time.

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