Statistical Surveys On Exports And Imports Of Services (Lseze 2015)

Original Language Title: Statistische Erhebungen über Exporte und Importe von Dienstleistungen (LSEZE 2015)

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9. Regulation of the Oesterreichische Nationalbank concerning statistical surveys on exports and imports of services (LSEZE 2015)

On the basis of § 6 (3) of the Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 4/2015, shall be assigned:

Survey Object

§ 1. The Oesterreichische Nationalbank (OeNB) for the purposes of compiling statistics in accordance with Section 6 (1) of the Foreign Exchange Act 2004 shall be subject to the statistical units referred to in § 2. Exports and imports of services in accordance with the present Regulation in the calendar year 2015 or, in the case of a marketing year deviating from the calendar year, in that marketing year completed in the calendar year 2015 (reference period). The data collected will be used to evaluate and update the population of the reporting population relevant to the reporting requirements in accordance with the reporting regulation ZABIL 1/2012 of the Oesterreichische Nationalbank.

Survey area, statistical units

§ 2. (1) Statistical units within the meaning of this Regulation are:

1.

Company,

2.

Workgroups,

3.

Companies of commercial nature of public bodies within the meaning of § 2 of the Corporation tax law 1988, if these are commercially or professionally within the meaning of Section 2 (3) of the VAT Act 1994, and

4.

Associations of Public Bodies Bodies

on economic activities according to divisions 05 to 43, 45 to 63, 66 to 82, and 95 of the Federal Statistical Act 2000 in accordance with § 4 (5) of the Federal Statistics Act 2000. Statistics Austria's classification of economic activities-ENACE 2008-or a service associated with such activity, published under the Internet address www.statistik.at, on a regular basis, on a regular basis and in the Intention to obtain an income or other economic benefits

(2) Companies are to be understood within the meaning of Articles 1 and 2 of Regulation (EEC) No 696/93.

(3) A consortium is an association of several companies which are contractually obligated to carry out a joint project and whose commercial management is the responsibility of one of these companies, regardless of whether it operates as a foreign or domestic society or as a mixed form.

(4) An association of public bodies is an association of several public bodies which are contractually bound to carry out an activity in accordance with the departments 36 to 39 of the Nomenclature of economic activities ÖNACE 2008 or to a service associated with such activity, and this activity independently, regularly and in order to obtain a yield or other economic benefits

(5) In accordance with Article 2 (1) (9) of the Commercial Code 1994 (GewO 1994) and the Buschenschank pursuant to Section 2 (9) of the Economic Development Act 1994, the business activity referred to in paragraph 1 is excluded from the economic activity referred to in Section 2 (1) of the Industrial Code.

Survey Characteristics

§ 3. (1) The following characteristics are collected:

1.

the identification characteristics of the statistical unit;

2.

The total amount of proceeds from the cross-border reporting period services (exports of services), as well as the total amount of the proceeds from services provided to countries outside the EU (EXTRA-EU), as well as information on the two main partner countries in the extra-EU;

3.

The total amount of expenses for the cross-border reporting period Services (services imported), as well as the total amount of expenditure on services obtained from countries outside the EU (EXTRA-EU), as well as information on the two main partner countries in the extra-EU.

(2) Cross-border services shall apply to the types of services listed in the Annex to this Regulation.

Survey type

§ 4. The survey characteristics are collected by the OeNB in the following ways:

1.

The characteristics in accordance with § 3 (1) Z 1 by using data from the statistical register of statistical data Units according to § 25a of the Federal Statistics Act 2000,

2.

All other features according to § 3 (1) by questioning.

Obligation to provide information

§ 5. (1) For questioning in accordance with § 4 Z 2, there is a duty to provide information about:

1.

Statistical units according to § 2 (1) Z 1, 3 and 4, which are focused on Economic activities

a)

exercise according to divisions 05 to 43 of the ÖNACE 2008, with 20 and more employees,

)

exercise in accordance with divisions 45 and 46 and class 47.73 of the ÖNACE 2008, with one in the Total revenue generated from the reporting period excluding sales tax of three million euros,

)

according to department 47 (without class 47.73), groups 49.4 and 79.1, class 52.29, and the Subclass 55.10-1 of the ÖNACE 2008, with a total sales tax of EUR 1.9 million, excluding sales tax in the reporting period,

)

according to sections H (excluding group 49.4 and class 52.29), I (without subclass 55.10-1), J, L, M (excluding Division 75) and N (excluding Group 79.1), as well as divisions 66 and 95 of the ÖNACE 2008, with a total turnover of EUR 900,000 excluding turnover in the reporting period,

e)

exercise according to Division 75 of the ÖNACE 2008, with a reporting period Total sales tax excluding VAT starting at 300,000 euros,

)

according to group 58.2, classes 62.03, 62.09, 63.12, 70.21, 73.12, and subclass 73.11 2 of the ÖNACE 2008, with 10 and more employees in the annual average of the reporting period,

)

according to the sections G, H, I, J, L, M, N (without the group 58.2, classes 62.03, 62.09, 63.12, 70.21, 73.12 and subclass 73.11-2) and divisions 66 and 95 of the ENACE 2008, with 20 and more employees on the annual average of the reporting period.

2.

Statistical units according to § 2 paragraph 1 Z 2 from a reporting period Total order value exclusive sales tax of one million euros.

(2) The obligation to provide information pursuant to paragraph 1 (1) (1) (lit).  a consists of the reporting period in which the conditions are met, even if the statistical unit did not pass throughout the entire reporting period, with the number of persons employed as at 30 September of the reporting period is decisive.

(3) The total turnover of all the information required by the obligation to provide information pursuant to Section 1 (1) (1) (1).  a collected statistical units in one of the economic activities according to divisions 05 to 42 of the ÖNACE 2008 do not at least 90% and according to Division 43 of the ÖNACE 2008 do not make at least 60% of the total turnover of all the activities in this branch Statistical units within the meaning of § 2 (1) (1), (3) and (4) shall also be required to provide information on statistical units in accordance with § 2 (1) (1), (3) and (4) with fewer than 20 employees (including personal and foreign personnel), provided that these units are in the Reporting period a revenue (excluding VAT) of at least

1.

1.5 million euros in economic activities according to divisions 05 to 42 of the ÖNACE 2008

or

2.

2.5 million euros in the branch of activity according to division 43 of the ENACE 2008.

(4) For the purpose of providing information, those natural or legal persons as well as registered partnerships are obliged to provide a statistical unit, which is subject to the obligation to provide information pursuant to para. 1 to 3, in the (§ 6). The names of these names are requested by the transmission of the access authorization for the exchange of information. If an entrepre has commissioned a fiscal representative pursuant to § 27 (7) and (8) of the 1994 VAT Act, the Fiscal Representative shall be responsible for the exchange of information provided that the access authorization has been sent to him for electronic reporting (§ 6).

Collection

§ 6. The survey (§ 4 Z 2) is carried out by means of an electronic survey form, which is designed in a uniform way throughout the country and to which the operators of statistical units, via which Obligation to provide information (§ 5), or in the case of § 5 (4) second sentence of the Fiscal Representative, the necessary access authorization shall be sent in letter form.

Obligation to provide information to the respondents

§ 7. (1) The information providers (§ 5 (4)) are obliged to complete the electronic survey forms in full and to the best of their knowledge and to apply them until 30 September 2016. in the form specified in the survey form.

(2) If the technical requirements for an electronic message are not met in the case of the party responsible for the information, the party responsible for the information shall have the right to do so within two weeks after receipt of the access authorization for the To inform in writing of the registration form of the place and address indicated in the letter of delivery. It will then be sent in paper form, which is to be filled in by 30 September 2016 and sent by post to the specified location and address.

(3) If no proceeds or expenses from cross-border services are incurred during the reporting period, the survey forms must be transmitted with a zero.

(4) Reported persons who, pursuant to Regulation ZABIL 1/2012 of the Oesterreichische Nationalbank, report on the statistical collection of cross-border trade in services, shall be subject to the following conditions: Obligation to provide information pursuant to § 5 of this Regulation.

Shape

§ 8. As far as personal terms are used in this Regulation, they do not have a gender-specific meaning. They are to be used in the application to specific persons in the gender-specific form.

Final Provisions

§ 9. (1) This Regulation shall enter into force with the day following the date of its manifestation in the Federal Law Gazans.

(2) With the entry into force of this Regulation, the Oesterreichische Nationalbank Regulation shall enter into force on statistical surveys of imports and exports of services and cross-border financial relations, published in the Official Journal of the Vienna newspaper no. 160 of 20 August 2009.

referrals

§ 10. To the extent that other legislation is referred to in this Regulation, these are to be applied in the following versions:

1.

Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains, OJ L 327, 30.4.2004, p. No.  1., as amended by Regulation (EC) No 295/2008 OJ L 393, 30.12.2008, p. No.  OJ L 97 of 9 April 2008 p.13;

2.

Regulation (EEC) No 696/93 on the statistical units for observation and Analysis of the Community economy, OJ C 327, 28.4.2002 No.  OJ L 76 of 30 March 1993 p. 1, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No.  OJ L 311, 21 November 2008, p. 1;

3.

Forex Law 2004, BGBl.  I n ° 123/2003 idF BGBl. I No 4/2015;

4.

Federal Statistics Law 2000, BGBl.  I No 163/1999, in the version of the Federal Law BGBl.  I n ° 40/2014;

5.

Industrial Order 1994, BGBl. No. 194/1994, as amended by BGBl.  I No 81/2015;

6.

Corporate Tax Law 1988, BGBl. No. 401/1988, as amended by the Federal Law of the Federal Republic of Germany (BGBl).  I No 118/2015;

7.

Sales Tax Law 1994, BGBl. No. 663/1994, in the version of the Federal Law BGBl.  I No 118/2015;

8.

Reporting Regulation ZABIL 1/2012 of the Oesterreichische Nationalbank on statistical data Collection of international trade in services, Official Journal of the Wiener Zeitung. N ° 186, 26.9.2012;

Novotny Ittner

ANNEX

Services in the meaning of Section 3 (2) are:

1. Remuneration for services in the context of wage processing

2. Maintenance and repair services n.e.c

3. Transport services

sea transport services, air transport services, space transport services, rail transport services, road transport services, transport services of inland waterway transport, transport in pipelines, Electricity transmission, other auxiliary and secondary activities for transport, postal services, courier services. 

4. Construction services

Preparatory construction site work; building and civil engineering work; construction installation work; expansion and construction ancillary activities.

5. Insurance services

Premiums and services for transport insurance, property insurance, pure life insurance, reinsurance, pension funds and standardised guarantees; insurance assistance services.

6. Explicitly calculated financial services

7. Fees for the use of intellectual property n.e.c.

Licenses for trademarks and franchise agreements, licenses for the use of the results of research and development, licenses for the reproduction and/or distribution of computer software, licenses for the Reproduction and/or distribution of audiovisual and related artistic rights.

8. Telecommunications, EDP and Information Services

telecommunications services, computer services (computer software, other computer services), information services (services provided by news agencies, other services, etc.) Information services).

9. Research and development services

Research and development services as a systematic work to expand knowledge, buy/sell property rights to research and development results, other services of research and development.

10. Professional services and management consulting services

Legal advice, auditing, accounting and tax consulting, corporate and public relations consulting, advertising, market research, and opinion polls.

11. Technical Services

Architectural services, engineering services, scientific and other technical services.

12. Waste treatment and cleaning services

13. Services in agriculture, forestry and fisheries

14. Services in mining and oil and gas production

15. Operational Leasing

16. Trade-related services

17. Other business-related services n.e.c

18. Personal services, culture and leisure time

Audiovisual and related artistic services, health services, education services, cultural heritage and leisure services, other personal Services.

19. Transithandel (purchase and sales)