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The 2012 worldwide VAT, GST and sales tax guide

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42 A USTRIA – AZERBAIJAN<br />

At the discretion of the <strong>VAT</strong> authorities, they may impose a penalty<br />

of up to 10% of the <strong>VAT</strong> due for the late submission of a <strong>VAT</strong><br />

return.<br />

If a <strong>tax</strong>able person continually fails to pay <strong>VAT</strong>, the <strong>VAT</strong> authorities<br />

may consider the late payment to be <strong>tax</strong> fraud, which is subject<br />

to much greater penalties.<br />

J. EU declarations<br />

An Austrian <strong>tax</strong>able person that trades with other EU countries<br />

must complete statistical reports, known as INTRASTAT, if the<br />

value of its intra-Community <strong>sales</strong> or purchases exceeds certain<br />

thresholds. Separate reports are required for intra-Community<br />

acquisitions (INTRASTAT Arrivals) <strong>and</strong> intra-Community supplies<br />

(INTRASTAT Dispatches).<br />

<strong>The</strong> threshold for INTRASTAT Arrivals is €500,000, effective<br />

from 1 January 2010. <strong>The</strong> threshold for INTRASTAT Dispatches<br />

is also €500,000, effective from 1 January 2010.<br />

INTRASTAT returns may be filed on paper or electronically. <strong>The</strong><br />

returns must be completed in euros. <strong>The</strong> INTRASTAT return<br />

period is monthly after the threshold has been exceeded (that is,<br />

it is also necessary to file nil returns). <strong>The</strong> submission deadline<br />

is the 10th business day of the month following the return period.<br />

Penalties may be incurred if INTRASTAT declarations are persistently<br />

late, missing or inaccurate.<br />

EU Sales Lists. Under Article 44 of EU Directive 2006/112 (general<br />

business-to-business rule), if an Austrian <strong>tax</strong>able person<br />

makes intra-Community supplies of goods or performs intra-<br />

Community services for which the place of supply is located in<br />

another EU member state, it must submit an EU Sales List (ESL)<br />

to the Austrian <strong>VAT</strong> authorities. An ESL is not required for any<br />

period in which intra-Community supplies are not made.<br />

For businesses submitting <strong>VAT</strong> returns quarterly, ESLs are submitted<br />

monthly or quarterly. <strong>The</strong> due date is the last day of the<br />

month following the end of the ESL period.<br />

Late submissions of ESLs may lead to a penalty of up to 1% of<br />

the amount of intra-Community supplies, determined at the discretion<br />

of the <strong>tax</strong> authorities. However, the penalty may not<br />

exceed €2,200 per ESL.<br />

Incorrect submissions of ESLs may be considered an offense<br />

against the law <strong>and</strong> may lead to a penalty of up to €5,000.<br />

Azerbaijan<br />

(Country code 994 )<br />

Baku GMT +4<br />

Ernst & Young<br />

Hyatt International Centre<br />

Hyatt Tower III, 1st Floor

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