Amendment Of The Regulation On The Establishment Of Average Rates For The Calculation Of Income From Agriculture And Forestry (Luf Pauschvo 2011) And The Agriculture And Forestry Pauschalier...

Original Language Title: Änderung der Verordnung über die Aufstellung von Durchschnittssätzen für die Ermittlung des Gewinnes aus Land- und Forstwirtschaft (LuF-PauschVO 2011) und der Land- und Forstwirtschaft-Pauschalier...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_164/BGBLA_2014_II_164.html

164. Regulation of the Federal Minister for finance, 2015 changed the regulation on the establishment of average rates for the calculation of income from agriculture and forestry (LuF PauschVO 2011) and the agriculture and forestry global regulation

On the basis of § 17 para 4, 5 and 5a of the income tax Act 1988 - EStG 1988, BGBl. No. 400, as last amended by Federal Law Gazette I no. 40/2014, is prescribed:

Article 1

Ordinance of the Federal Minister for finance on the preparation of the average rates for the calculation of income from agriculture and forestry (LuF-PauschVO 2011), Federal Law Gazette II No. 471/2010 amended regulation Federal Law Gazette II No. 4/2011, is amended as follows:

1. Article 1 is amended as follows:

a) paragraph 1 is as follows:

"(1) the profits of agricultural and forestry operation, can be determined according to the provisions of this regulation, if"



1 the holder with regard to this operation is required to keep records, nor voluntarily maintains books and 2 the application of the regulation in accordance with paragraph 1a shall be excluded.

The application of the regulation is allowed only on the entire agricultural and forestry operation. An application on just individual branches or individual operating part activities is prohibited."

(b) after paragraph 1, the following paragraph 1a is inserted:

"(1a) obtained in two consecutive calendar years revenues within the meaning of section 125 of the federal tax code - BAO, BGBl. No. 194/1961, of more than EUR 400 000, can be determined at the beginning of the second subsequent calendar year the profits of the agricultural and forestry operation no longer according to the provisions of this regulation, unless the holder makes it believable that the turnover limit has been exceeded on a temporary basis and on the basis of special circumstances and requested the further application of this regulation." The profits of agricultural and forestry operations can be determined again at the beginning of the following calendar year according to the provisions of this regulation, if the turnover limit for two consecutive calendar years is not exceeded."

2. in article 15 the following paragraph 3 is added:

"(3) article 1, paragraph 1 and paragraph 1a in the version of regulation BGBl. No. 164/2014 II is to apply from the assessment for the calendar year 2014."

Article 2

The regulation of the Minister of Finance on the preparation of the average rates for the calculation of income from agriculture and forestry (agricultural and forestry farms regulation 2015 - 2015 LuF PauschVO), Federal Law Gazette II No. 125/2013, is amended as follows:

1. Article 1 is amended as follows:

a) paragraph 1 is as follows:

"(1) the profits of agricultural and forestry operation, can be determined according to the provisions of this regulation, if"



1. the unit value does not exceed EUR 130 000 and 2 whose Inhaber not voluntarily maintains books as to this operation and 3 the application of the regulation in accordance with paragraph 1a is excluded.

The application of the regulation is allowed only on the entire agricultural and forestry operation. An application on just individual branches or individual operating part activities is prohibited."

(b) after paragraph 1, the following paragraph 1a is inserted:

"(1a) were achieved in two consecutive calendar years sales within § 125 BAO by more than EUR 400 000, can the profit of the agricultural and forestry operations are no longer determined with beginning of the second subsequent calendar year according to the provisions of this regulation, unless the holder makes it believable that the turnover limit has been exceeded on a temporary basis and on the basis of special circumstances and requested the further application of this regulation. The profits of agricultural and forestry operations can be determined again at the beginning of the following calendar year according to the provisions of this regulation, if the turnover limit for two consecutive calendar years is not exceeded."

2. in article 5, paragraph 3, the phrase "21 to 30 years" by the phrase "over 20 to 30 years" will be replaced.

3. Article 17 is amended as follows:

(a) in paragraph 1, the word order is after the word 'Regulation' "in amended by regulation Federal Law Gazette II No. 164/2014," inserted.

(b) in paragraph 2, the site is "Federal Law Gazette II No. 4 / 2011" through the site "BGBl. II No. 164/2014" replaced.

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