9 regulation of the Austrian National Bank on statistical surveys of exports and imports of services (LSEZE 2015)
On the basis of article 6 par. 3 of the Exchange Act 2004, Federal Law Gazette I no. 123/2003 idF BGBl. I no. 4/2015, is prescribed:
Subject of survey
§ 1. For the purpose of Statistics 2004 exports and imports of services of in accordance with this regulation during the calendar year are in accordance with § 6 para 1 of the Exchange Act by the Austrian National Bank (OeNB) the statistical units stated in § 2 2015 or, if a different from the calendar year financial year, that year, which will be completed by 2015 in the calendar year, charged (reporting period). The data collected serve the evaluation and updating of the population for the message recordings under the registration regulation ZABIL 1/2012 of the Austrian National Bank relevant logon populations.
Survey area, statistical units
Statistical units in the sense of this regulation are section 2 (1):
1. companies, 2 working groups, 3. establishments of commercial kind of bodies of governed by public law within the meaning of section 2 of the Corporation Tax Act 1988, if they have been working professionally in the sense of § 2 para 3 of the 1994 law on turnover tax or commercial, and 4 associations of public corporations, the main economic activities in accordance with the departments 05 to 43, 45 to 63, 66 to 82 and 95 of the after § 4 par. 5 of the Federal Statistics Act 2000 in the Federal Statistics Austria set up and www.statistik.at published under the Internet address Independently and regularly with the intention to achieve a yield or other economic advantage, perform classification of economic activities - ÖNACE 2008 - or service associated with such activity.
(2) companies are understanding within the meaning of articles 1 and 2 of Regulation (EEC) no 696/93.
(3) a joint venture is an amalgamation of several companies that are contractually committed to the joint implementation of a project and its commercial led is one of these companies, regardless of whether as external or internal company or a combination will work.
(4) an Association of public corporations is an amalgamation of several public corporations, which contractually committed themselves to the joint implementation of activities in accordance with the sections 36 to 39 of the classification of economic activities of ÖNACE 2008 or services associated with such activity have, and do this activity independently and regularly to obtain a yield or other economic advantage.
(5) the economic activities referred to in paragraph 1 Z excludes 1994 9 Gewerbeordnung (GewO 1994) 1994 and the Buschenschank pursuant to § 2 par. 9 of the GewO private rooms for rent pursuant to § 2 para 1.
3. (1) the following characteristics will be charged:
1. the identification of the statistical unit;
2. the total amount of proceeds of the cross-border services provided during the reporting period (exports of services); and of the total amount of revenues from services provided to countries outside the EU (EXTRA-EU); In addition, information to the two main partner countries in the extra-EU;
3. the total amount of expenses for the cross-border services in the reporting period (service imports); and of the total sum of expenses for services obtained from countries outside the EU (EXTRA-EU); In addition, information to the two main partner countries in the extra-EU.
(2) the types of services listed in the annex to this regulation are cross-border services.
Type of survey
§ 4. The data collection characteristics will be charged by the OeNB in the following ways:
1. the characteristics referred to in article 3, paragraph 1 Z 1 by extending the data of the register of statistical units in accordance with section 25a of the Federal Statistics Act 2000, 2. all other characteristics according to § 3 para 1 through questioning.
§ 5 (1) survey in accordance with § 4 Z 2 there is obligation to supply information about:
1. statistical units referred to in article 2, paragraph 1 Nos. 1, 3 and 4, the main economic activities a) according to the departments 05-43 of the ÖNACE 2008 exercise, with 20 or more employees, b) according to the divisions 45 and 46, as well as the class 47.73 of the ÖNACE 2008 exercise, with a total turnover achieved during the reporting period exclusive of VAT from three million euros, c) according to section 47 (without class 47.73) , 49.4 and 79.1, the class groups 52.29, as well as the subclass 55.10-1 of the ÖNACE 2008 exercise, with a total turnover achieved during the reporting period, exclusive of VAT as of 1.9 million euro, d) referred to in the sections H (without group 49.4, as well as class 52.29), I (without subclass 55.10-1), J, L, M (excluding section 75) and N (without group 79.1) the departments 66 and 95 of the ÖNACE 2008 exercise , with a total turnover achieved during the reporting period, exclusive of VAT from 900,000 euros, e) according to the Department of 75 of the ÖNACE 2008 exercise with a during the reporting period achieved total sales excluding sales tax from 300,000 euros, f) in accordance with the Group 58.2, the classes of 62.03, 62.09, 63.12, 70.21, 73.12 and the subclass 73.11 2 of the ÖNACE 2008 exercise, with 10 or more employees in the annual average of the period , g) in accordance with the sections G, H, I, J, L, M, N (without the Group 58.2, the classes 62.03, 62.09, 63.12, 70.21, 73.12 and the subclass 73.11-2) and with 20 or more employees in the annual average of the period 2. statistical units referred to in article 2, paragraph 1 Z 2, starting in the period under review, total contract value exclusive of VAT by one million euros achieved 66 and departments 95 of the ÖNACE 2008 exercise,.
(2) the obligation to supply information according to para 1 subpara 1 lit. a consists of the reporting period in which the conditions apply, even if does not pass the statistical unit during the entire reporting period, with the number of employees at September 30, the period is crucial.
(3) is total revenues of all through the obligation to supply information according to para 1 subpara 1 lit. a covered the departments 05 to 42 of the ÖNACE 2008 does not reach 90% statistical units in one of the sectors of the economy in accordance with and pursuant to section 43 of the ÖNACE 2008 at least 60% of the total turnover of all in this branch, Nos. 1, 3 and 4 make statistical units in the sense of § 2 para 1, there is obligation to supply information about statistical units in accordance with article 2, paragraph 1 Z 1 , 3 and 4 with less than 20 employees (including internal and external personnel), if in the period under review sales (exclusive of VAT) of at least
1. 1.5 million euros in economic sectors according to the departments 05 to 42 of the ÖNACE 2008 or 2. 2.5 million euro in the economic activity in accordance with section 43 of the ÖNACE 2008 had.
(4) to the information are those natural or legal persons and registered partnerships committed to operating a statistical unit, which according to para 1 to 3 is accountability, on his/her own behalf and which prompted by sending the access to the information (§ 6). An entrepreneur commissioned in 1994 a fiscal representative in accordance with article 27, paragraph 7 and 8 of the law on turnover tax, the fiscal representative shall be obliged to exchange the information, provided that the access to the electronic message was sent him (§ 6).
§ 6. The questioning (§ 4 No. 2) is carried out through a nationwide uniform designed electronic survey form, which consists the operators of statistical units, about the obligation to supply information (section 5), or delivered in the case of § 5 ABS. 4 the fiscal representative, second sentence the necessary access permission by letter.
Duty of the respondents
7. (1) the respondents (§ 5 ABS. 4) are obliged to complete the electronic survey forms fully and to the best of our knowledge and transmit them electronically to September 30th, 2016 at the location indicated on the survey form.
(2) insofar as the respondents are not the technical requirements for an electronic message, so who has within two weeks after receiving the access permission for the collection forms of the position specified in the transmittal letter and address in writing to communicate to this party. It survey forms be placed then in paper form, that are filled in the specified location and address by post to submit until September 30th, 2016.
(3) any revenues or expenses from cross-border services in the period incurred, must the survey forms a zero filled transmitted.
(4) disclosure, who 1/2012 will the Austrian National Bank under the registration regulation ZABIL reports concerning statistical returns in respect of cross-border services, are exempt from the obligation to supply information pursuant to article 5 of this regulation.
§ 8. As far as personal terms are used in this regulation, no gender-specific significance to them. You are to use when applied to certain people in the form of each gender.
9. (1) this regulation with the day following their publication in the Federal Law Gazette enter into force.
(2) upon entry into force of this regulation is the regulation of the Austrian National Bank on statistical surveys of the imports and exports of services and cross-border financial relations, appeared in the Official Gazette of the Wiener Zeitung No. 160 of August 20, 2009, override.
§ 10. As far as other legislation is referenced in this regulation, these are to be applied in 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 of the Council, as well as some regulations of the EC on specific areas of statistics, OJ No. L 393 of December 20, 2006, p. 1, as amended by Regulation (EC) No. 295/2008 OJ No. L 97 of 9 April 2008 S. 13;
2. Regulation (EEC) no 696/93 on the statistical units for the observation and analysis of the economy in the community, OJ No L 76 of March 30, 1993, p. 1, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of 21 November 2008 p. 1;
3. Foreign Exchange Act 2004, Federal Law Gazette I no. 123/2003 idF BGBl I no. 4/2015;
4. Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999, as amended by Federal Law Gazette I no. 40/2014;
5. 1994 Gewerbeordnung, BGBl. No. 194/1994, as amended by the by-laws Federal Law Gazette I no. 81/2015;
6 Act 1988, Federal Law Gazette No. 401/1988, as amended by Federal Law Gazette I no. 118/2015;
7 Umsatzsteuergesetz 1994, BGBl. No. 663/1994, as amended by Federal Law Gazette I no. 118/2015;
8 reporting regulation ZABIL 1/2012 of the Austrian National Bank concerning statistical returns in respect of cross-border services, Official Gazette of the Wiener Zeitung. No. 186 of the 26.9.2012;
Services in the sense of § 3 para 2 are:
1. remuneration for services rendered in the framework of wage enhancement
2. maintenance and repair services a.n.g.
3. transport services
Sea transport services, air transport services, space transport services, railway transport services, road transport services, inland transport services, transport in pipelines, electricity transmission, other auxiliary and ancillary activities for the transport, postal services, courier services.
4. construction services
Preparatory construction work; Building and civil engineering works; Building installation work; Removal and ancillary activities of construction of.
5. insurance services
Premiums and benefits for transport insurance, property insurance, pure death insurance, reinsurance, pension funds and standardized guarantees; Insurance services.
6 explicitly allocated financial services
7. charges for the use of intellectual property a.n.g.
Licenses for trademarks and franchise contracts, licenses for the use of the results of research and development, licenses for the reproduction and/or distribution of computer software, licences for the reproduction and/or distribution of audiovisual and related artistic rights.
8 telecommunications, computer and information services
Telecommunications services, computer services (computer software, other computer services), information services (services of news agencies, other information services).
9 benefits of research and development
Services of research and development as a systematic work on the expansion of knowledge, purchase/sale of property rights on results of research and development, other benefits of research and development.
10. professional services and business consulting services
Legal advice, auditing, accounting and tax consultancy, 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 management and cleaning services
13 services in agriculture, forestry and fisheries
14 services in the mining and oil and gas extraction
16 trade-related services
17 other business services a.n.g.
18 personal services, culture and leisure activities
Audiovisual and related artistic services, health services, education services, services related to the cultural heritage and leisure, other personal services.
19 transit trade (sales or purchases)