Wbib-G, As Well As Amendment Of The Federal Law On Tax Special Measures For The Promotion Of Housing And Of Housing Public Interest Law

Original Language Title: WBIB-G sowie Änderung des Bundesgesetzes über Steuerliche Sondermaßnahmen zur Förderung des Wohnbaus und des Wohnungsgemeinnützigkeitsgesetzes

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157. Federal Law, by which the Federal Act on the Establization of a Housing Investment Bank (WBIB-G) is enacted and the Federal Act on Tax Special Measures for the Promotion of Housing and the Housing Charitable Law are amended

The National Council has decided:

table of contents

Article 1

Federal law on the establishment of a housing investment bank (WBIB-G)

Article 2

Amendment of the Federal Act on Tax Special Measures for the Promotion of Housing

Article 3

Amendment of the Housing Charitable Act

Article 1

Federal law on the establishment of a housing investment bank (WBIB-G)

Objective

§ 1. (1) The aim of this federal law is to finance and promote both short-and medium-term increased housing activity in the sense of a affordable housing-and in addition to the housing development of the countries-and thus an increased housing supply in rent and home ownership in Austria as well as the continuing delivery of recoverable cost advantages directly to the final beneficiaries of housing.

(2) In order to achieve this objective, long-term and cost-effective housing-related loans are to be awarded to non-profit and commercial housing developers and to local authorities, which will finance the financing of

1.

measures relating to urban development, urban renewal or the establishment of housing-related housing infrastructure, or

2.

of measures for the creation of energy-efficient living space in the new building or existing stock

are used.

(3) Credit levies to local authorities in accordance with the provisions of this Federal Act may be made exclusively for financing settlement-related housing infrastructure.

Establishment and management of the business of the WBIB

§ 2. (1) The tasks referred to in § 1 shall be entrusted to the Housing Investment Bank (Wohnbauinvestitionsbank Gesellschaft mit beschränkten Haftung oder Wohnbauinvestitionsbank Aktiengesellschaft), hereafter referred to as WBIB.

(2) The WBIB shall, as long as it exercises the tasks in accordance with § 1, be guided in the legal form of a limited liability company or a public limited company with its registered office in Vienna and must in any event, by means of a bank concession pursuant to § 1 in Connection with Section 3 (1) Z 11 of the Banking Act (BWG), BGBl. No 532/1993. Shareholders may only use residential construction banks in accordance with § 1 sec. 2 Z 1 lit. a of the Federal Law on Tax Special Measures for the Promotion of Housing, BGBl. No. 253/1993, building societies according to § 1 (1) of the Bausparkassengesetz (Bausparkassengesetz), BGBl. No. 532/1993, as well as credit institutions pursuant to Article 3 (1) (11) of the Federal Elections Act. In the case of the management as a limited liability company, a supervisory board is in any case to be established.

(3) The business object of the WBIB may only be

1.

the implementation of the capital financing business;

2.

the guarantee business,

3.

the granting of loans and loans (credit),

4.

the allocation and management of funding by local authorities or bodies of the European Union, and

5.

the implementation of the deposit business, with the exception of the receipt of funds from the public, for the purpose of pre-financing, interim or post-financing required

be.

(4) The transactions of the WBIB, with the exception of the financing pursuant to § 3 para. 2, may be transferred to one or more credit institutions (service providers) on the basis of one or more contracts (service agreements). The management of the business shall be carried out in the name and on behalf of the WBIB. Any service agreement may only be concluded after several offers have been collected on the basis of a single service description and shall, in any event, have to be regulated:

1.

the obligation of the service provider to carry out the tasks assigned to him in accordance with the provisions of this Federal Law and the directives to be adopted pursuant to Section 5,

2.

the conditions under which the service provider may serve as a vicarious agents for the performance of the tasks,

3.

the obligation to conduct the business of WBIB in separate accounting circuits,

4.

The influence and supervisory rights of the WBIB, which in any case must enable the monitoring and enforcement of compliance with the legal and EU legal requirements as well as the guidelines in accordance with § 5,

5.

the remuneration for the settlement activity, which must be in conformity with the market,

6.

the main content of the agreements with the financing and support advertisers, the settlement and payment of the funds, and the monitoring of compliance with all contractual agreements,

7.

the conditions for the recovery of the funds granted;

8.

the reasons for the contract; and

9.

the place of jurisdiction.

Allocation of funding and funding

§ 3. (1) The WBIB has to grant loans to non-profit and commercial housing developers and to local authorities for the purposes specified in section 1 (2) and (3). The award of federal loans may only be granted within the framework of the guidelines issued in accordance with § 5.

(2) These loans are provided by the WBIB

1.

Loans from national or international funding institutions,

2.

loans from European, international or supranational financial institutions;

3.

Loans from other bodies of the European Union,

4.

Deposits of institutional investors or

5.

Credit backflows

to finance.

(3) In addition, the WBIB may, on the basis of a special legal arrangement or under private law agreement with a local authority, be able to act as a settlement body for the activities referred to in paragraph 1 above as a settlement point for public funding in favour of housing-related measures also to other financing and promotion advertisers as referred to in Article 1 (2).

(4) Joint financing and funding under paragraphs 1 to 3, as well as support measures of other entities for the same project, corresponding to the objectives of this Act, are permitted.

(5) This federal law does not justify the right of a financing and sponsoring agent to grant any financing or funding.

Requirements

§ 4. (1) In the case of the rental of WBIB-financed living space, the respective financing and sponsoring agent shall ensure that the rent (remuneration) does not exceed that amount which is decisive for the award of funds from the housing development. or the remuneration provisions of Section 14 of the Housing Charitable Law (WGG), BGBl. No. 139/1979.

(2) In the case of rented accommodation, the respective financing and sponsoring advertiser has, moreover, the granting of a claim for subsequent transfer into the home ownership in favour of the tenants and other persons entitled to use at least according to the Regulations of § § 15b ff WGG contractually provided, provided that the conditions iSd § 15c lit. a Z 1 WGG.

(3) The WBIB has to provide that, on average, at least 50 vH of the funding to be provided per calendar year from federal funds for construction or project-related co-financing to the housing subsidies of the countries to be used for the Available. Measures to establish housing-related housing infrastructure shall be disregarded in the calculation of this quota.

(4) Bundesbehaved financing may only be carried out for projects in the countries that document in the form of annual plans, within a five-year planning period, and report to the country's counties that the additional funding will be used to provide additional information. Measures according to this federal law, taking into account the state funds, will be created according to demand and in addition to affordable housing.

(5) In addition, the WBIB has to provide that a total of at least 5 vH for the construction of homes, in particular for pupils, apprentices and students, shall be available on average per calendar year from funds to be awarded by the Federal Republic of Germany.

(6) The further elaboration of paragraphs 1 to 4 is carried out in the guidelines in accordance with § 5. In the context of lending, the WBIB has to agree to comply with paragraphs 1 and 2 as well as in the service agreements pursuant to § 2 para. 4 the inclusion of such an agreement by the service providers. .

Policies

§ 5. (1) As the basis of the financing and funding charges in accordance with § 3 (1) and 3 (3), the WBIB shall, after consulting the Advisory Council pursuant to § 6 (1), draw up implementing guidelines issued by the Federal Minister for Science, Research and Economic Affairs in the Agreement with the Federal Minister of Finance to be approved and to be published on the homepage of the Federal Ministry for Science, Research and Economy.

(2) In any case, these directives shall contain provisions on:

1.

the content of the financing and promotion contract, the subject-matter of the financing and promotion, and the scope of the relevant directive;

2.

the financial and promotional advertisers and beneficiaries,

3.

personal and factual requirements for obtaining financing and funding, in particular with regard to § 4,

4.

Exclusion status,

5.

compliance with the design-related energy efficiency criteria for the purpose of reducing greenhouse gas emissions,

6.

the costs to be financed and eligible, as well as measurable indicators for an evaluation,

7.

The nature and extent of funding and funding, as well as the provision of WBIB-funded construction sites with a uniformly designed federal badge,

8.

the amount of any payment (in particular the calculation mode of the interest rate and the amount of the financing for financing),

9.

the procedure, in particular:

a)

Request (type and extent of the required documents),

b)

Decision on a financial and support request,

c)

Payout mode,

d)

control rights,

e)

the setting and recovery of funding and promotion, in particular penalties for non-compliance with the conditions laid down in Article 4 (1) and (2) by the borrower or its legal successor,

10.

Transparency and surveillance, and

11.

the place of jurisdiction.

(3) In any case, these guidelines also contain more detailed provisions with regard to § 4 (4), taking into account in particular the case that a country within the framework of the housing development and on the basis of § 4 para. 4 programme , which expressly abolic co-financing with Federal funds from the WBIB. In this case, the WBIB has contractually obligated itself to enter into financing agreements concerning federal funds up to a total volume to be determined in the first half-year of each year, only in agreement and in accordance with the requirements of the to the respective country. Funds not obtained in the first half of the year are available as a result of the nationwide allocation of loans in accordance with § 3 (1). The decisions on the existence of the conditions of § 4 (4) and on the classification as an appropriate programme in the sense of this provision shall be the responsibility of the Advisory Board in accordance with the provisions of the following. § 6.

Advisory Council

§ 6. (1) The WBIB's social contract provides for the establishment of an advisory board consisting of two members of the Supervisory Board of the WBIB, a representative of the shareholders or shareholders of the WBIB, and one each from the Federal Minister of Science, Research and business, the Federal Minister of Finance, the Federal Chancellor and the Federal Minister for Labour, Social Affairs and Consumer Protection to be appointed. The members of the Supervisory Board of the WBIB do not have the right to vote. The members of the Advisory Board shall be appointed for a period of five years. Reorder is allowed.

(2) The Advisory Board shall be responsible for advising WBIB in general and for the reimbursement of recommendations to the Federal Minister for Science, Research and the Economy, in particular also with regard to the release of the guidelines pursuant to § 5.

(3) The Advisory Board shall, after constitution, have a point of order to be approved by the Federal Minister for Science, Research and the Economy, in which case it shall, in any case, grant its right of consideration and examination for the purposes of the WBIB and funded projects, depending on the type of funding or funding. These rights do not, however, include the approval of individual project financing.

(4) The Advisory Board shall meet at least twice per calendar year, with the involvement of the Management Board. At least 14 days before each meeting, the WBIB shall present the Advisory Board with a preview of the planned lending charges and shall report on all projects implemented. At least once in the calendar year, the WBIB has to submit a progress report to the Advisory Council, which is to be sent to the Federal Government by the Federal Minister for Science, Research and the Economy.

(5) Provided that it is necessary to ensure an efficient achievement of objectives, in particular with regard to regional and social priorities, the management of the WBIB, in agreement with the Advisory Council, has at the meetings of the Advisory Board to also attract representatives of the Länder, in particular depending on the location of the properties and buildings to be built, and of the social partners.

Arrests

§ 7. (1) The Federal Minister of Finance may, in accordance with the authorization provided for in the respective Federal Finance Act or in a special federal law pursuant to Art. 42 (5) B-VG, for credit operations of the WBIB pursuant to § 3 paragraph 2 Z 2, by the name of the Federal Government Arrests according to § 82 of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, in the form of default guarantees in accordance with § 1356 of the ABGB. The Federal Minister of Finance may only make use of this authorization if the total amount outstanding (equivalent) of these liabilities does not exceed 500 million euros in capital, interest and costs.

(2) The WBIB may only grant loans financed by the Federal Government of the Federal Republic of Germany in accordance with the guidelines issued in accordance with § 5.

Evaluation

§ 8. The Federal Minister for Science, Research and the Economy has to evaluate this federal law no later than 31 December 2021, especially with regard to the additionally achieved residential construction performance.

Duty-free and fee exemptions

§ 9. (1) The necessary legal transactions of the WBIB pursuant to § 3 (1) and (3) as well as § 7 are exempt from the legal fees. The entries directly prompted by this Federal Act are exempt from the stamp fees.

(2) For financing and funding awarded by the WBIB, Section 53 (3) and (4) of the Housing Subsidies Act 1984, BGBl, are to be found. No 482/1984, and Section 42 (3) of the Housing Sanierungsgesetz, BGBl. No 483/1984, should be applied in the appropriate way.

Final provisions

§ 10. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied, unless expressly stated otherwise, in their respectively applicable version.

(2) In so far as personal names are only mentioned in male form in this Federal Act, they relate to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

(3) This federal law, with the exception of § 7, occurs with 1. Jänner 2016 in force. § 7 shall enter into force with the following month's serenals following the failure of the European Commission to disregard the federal liability. The Federal Minister for Science, Research and the Economy has made clear the non-refusal of the federal liability and the date of entry into force in the Federal Law Gazprom.

(4) Betrauung of the WBIB pursuant to § 2 para. 1, including the possibility of carrying out federal credit operations pursuant to § 3 paragraph 2 Z 2 in conjunction with § 7, can only be effective if at the latest three months after the date of entry into force of this Federal law a bank concession pursuant to § 2 para. 2 has been applied for. In any event:

1.

a social contract or a statute,

2.

a business plan which, in particular, corresponds to the objectives of § 1 and to the conditions set out in Article 2 (3), and

3.

Financing agreements with or at least written declarations of intent for institutions pursuant to § 3 (2).

(5) The Federal Minister for Science, Research and the Economy is authorized to use the Regulation:

1.

to order an extension of the period referred to in paragraph 4 for a further period not exceeding six months,

2.

, in agreement with the Federal Minister of Finance, detailed rules should be laid down for the case in which, within the right time limit, the rules shall be 4 (or, where applicable, Z 1), two or more applications for a bank concession pursuant to § 1 in connection with Section 3 (1) Z 11 of the Banking Act, addressed to the establishment of a WBIB pursuant to § 2, in connection with the financial market surveillance authority, where: in particular, the federal liability amount according to § 7 shall not be exceeded and the respective amount of the equity capital actually paid by the applicants must be taken into account.

(6) With regard to § § 7 and 9 (1) of the Federal Minister of Finance, with regard to § 5 of the Federal Minister for Science, Research and Economic Affairs in agreement with the Federal Minister of Finance, the enforcement of this Federal Act is as regards Section 9 (2) of the Federal Minister of Justice, together with the Federal Minister for Finance and with regard to the other provisions of the Federal Minister for Science, Research and the Economy.

Article 2

Amendment of the Federal Act on Tax Special Measures for the Promotion of Housing

The Federal Act on Tax Special Measures for the Promotion of Housing, BGBl. N ° 253/1993, as last amended by the Federal Law BGBl. N ° 162/2001, shall be amended as follows:

1. In § 1 paragraph 2 Z 1 lit. a will be the quote " § 18 para. 1 Z 3 lit. a des Einkommensteuergesetz 1988 " by quoting " § 18 Section 1 Z 3 of the Income Tax Act 1988, idF BGBl. I No 115/2015, " and the phrase "demonstrably the financing (housing banks) or the construction of residential buildings (builders) is" replaced by the phrase "demonstrably the financing (housing banks) or the construction (building support) of residential buildings and other measures for the development and promotion of residential areas is" .

2. In § 1 para. 2 Z 2, after the word order "buildings intended for residential purposes" the phrase "and on the implementation of measures for the development and promotion of residential areas" inserted.

3. The following § 5 is added:

" § 5. § 1 para. 2 Z 1 lit. a and § 1 para. 2 Z 2 in the version of the BGBl. I No 157/2015 will be 1. Jänner 2016 in force. "

Article 3

Amendment of the Housing Charitable Act

The Housing Charitable Law, BGBl. No. 139/1979, as last amended by the Federal Law BGBl. I No 100/2014, shall be amended as follows:

1. § 1 is added to the following paragraph 3:

" (3) The equity capital generated by non-profit building associations according to the principles of proper economic management is in the sense of a generational compensation for securing a sustainable housing supply of existing and future users to be bound and used for the purpose of non-profit housing. "

2. § 3 together with the title is:

" Suitability

§ 3. A construction association must, in accordance with its structure, and in particular the suitability and reliability of its owners and organ owners and their economic performance, and in particular their capital adequacy (§ 6), appear to be appropriate, contribute to the satisfaction of the demand for housing. "

2b. In § 6 (2) the amount shall be "726 700 €" by the amount " three million € " replaced.

2c. In § 7 (1), fourth sentence, after the word "Building management" the phrase "including their financing" inserted.

2d. In Section 7 (3) Z 6 the second part of the sentence is:

" in particular the acquisition, loading and transfer of land and building rights, the acquisition of land and their sale or transfer in the construction law to other building associations, the granting of housing ownership and the inclusion of Intermediate credit and construction loans; "

3. § 7 (3) Z 10 reads:

" 10.

the participation in credit undertakings in the legal form of the cooperative with limited liability, insofar as it is necessary in the given case for the procurement of credit for the construction association, the participation in residential construction banks according to § 1 paragraph 2 Z 1 lit. a of the Federal Law on Tax Special Measures for the Promotion of Housing, BGBl. No 253/1993, as well as the participation in building societies pursuant to § 1 (1) of the Bausparkassengesetz (Bausparkassengesetz), BGBl. No 532/1993, and the conclusion of building savings contracts as a construction saver, where no excessive capital commitment may be made in respect of all participations in accordance with Article 7 (3); "

3a. In accordance with § 7 (3), the following § 7 (3a) is inserted:

"(3a) At the request of the building association, the state government shall, in case of doubt, determine, in a modest way, whether a planned business or a planned participation falls under para. 1 to 3 or not."

3b. In § 7 (4) (3), the point at the end of the sentence shall be: "and" replaced and the following Z 4 shall be added:

" 4.

in the company contract, it is ensured that the provision of section 9a (2a) is complied with. "

3c. In § 7 para. 4b Z 4, the point at the end of the sentence shall be: "and" replaced and the following Z 5 added:

" 5.

in the company contract, it is ensured that the provision of section 9a (2a) is complied with. "

3d. In § 7, the previous paragraph 4c is given the title paragraph 4d, the following paragraph 4c is inserted:

" (4c) All applications for transactions and shareholdings made pursuant to Section 6a of the Corporate Tax Law pursuant to Section 4 bis 4b are without delay by the Association of Construction companies and the financial authorities shall without delay be responsible for the cases of the Supervisory Board and the authorities responsible for such transactions. to the Revisional Association. "

3e. In § 7 para. 5, second sentence, the word order "Five Years" by "Three Years" replaced and the following sentence added "The interruption of the construction activity can also be approved for a further three years if the conditions are met."

4. In Section 7 (6), the phrase replaces the word "within the following three financial years" the phrase "within the following two financial years" .

4a. § 7 (7) deleted.

4b. In § 9 (1) the word order shall be "the trade right" is deleted.

4c. In Section 9 (3), the phrase "the trade right" is deleted.

4d. In Section 9a (2) (2), the word order shall be "with a majority of at least three quarters of the members entitled to vote" by the word "unanimous" , the point at the end of paragraph 2 shall be replaced by a line item and the following sentence shall be added: "This also applies to their close relatives in the sense of paragraph 4."

4e. In § 9a the following paragraph 2a is inserted:

" (2a) Legal transactions of companies according to § 7 (4) and (4b) with members of the executive board (management) or the supervisory board of a non-profit parent company as well as their close relatives within the meaning of paragraph 4 may, in the case of other Legal invalidity, shall only be concluded if the Supervisory Board of the Bauvereinigung has unanimously agreed to the conclusion of the contract. "

4f. In § 9a (3), the first sentence reads: "The Supervisory Board may unanimously authorise the Management Board or the Management Board to conclude, within a certain period of time, limited transactions in accordance with paragraph 2."

4g. In § 9a, the following paragraphs 5 and 6 are added:

" (5) The condition for the approval of legal transactions in accordance with subsection 2 and 2a on the allocation of flats shall be an appropriate proof that the housing advertiser from the group of persons referred to in paragraph 2 or 2a shall provide the dwelling for the regular coverage of his or her home. Residential needs or close relatives used.

(6) The legal transactions approved under (2) and (2a) shall be notified to the Review Association and shall be presented in an annual "Compliance-Report" to which the extracts are to be connected in accordance with Section 28 (8). "

4h. In § 9b, the quote "pursuant to § 7 para. 4b" by quoting "pursuant to § 7 (4) and (4b)" replaced.

4i. § 10 para. 1 reads:

" (1) From the net profit after taking into account the change in profit reserves in accordance with paragraph 6, a total of only one amount may be distributed, which, in relation to the sum of the cooperative shares paid in (stock capital, share capital), shall be paid out in the (distributable profit) shall not exceed the permissible interest rate in accordance with § 14 (1) (3) (3). Moreover, members (co-workers, shareholders) may only receive benefits in the amount of assets which are to be regarded as an adequate consideration for a particular monetary benefit which they have provided. "

5. In § 10, the following paragraph 5 is added:

" (5) Members (co-operatives, members) may, in the preparation of their annual accounts, not at most be entitled to the share capital of the Association (basic or non-member) which is shown in the annual accounts of the Association. Share capital plus reserves and balance sheet profit as well as net loss of balance sheet) as a fair value according to § 189a Z 3 UGB of the Bauvereinigung (German Civil Code). "

5a. In § 10, the following paragraph 6 is added:

" (6) The positive balance arising from the repayment of foreign financing for construction and construction costs in accordance with § 13 para. 2 and the reduction of such external financing is-as far as the net profit is covered-a legal reserve (earmarked for the purpose of this project) (assigned to the German Federal Ministry of Finance). Recovery of costs) in the profit reserves, or to dissolve this legal reserve in the amount of a negative balance. This legal reserve must not be used for a rectification of capital. The status and development of this statutory reserve shall be presented and explained in the Annex within the meaning of Section 222 (2) of the UGB. "

5b. The point according to § 10a, para. 1 lit. c is replaced by a dash and the following lit. d is added:

" (d)

the divestment of buildings and installations to persons who are not non-profit building associations. "

5c. In Section 10a (2), lit. a:

" (a)

the purchase price or, in the case of a deposit, the valuation exceeds the deposits paid in, "

5d. The point according to § 10a para. 2 lit. b is replaced by a dash and the following lit. c is added:

" (c)

the selling price of buildings and installations referred to in paragraph 1 lit. d is not appropriate in accordance with § 23. "

5e. In accordance with § 10a, the following § 10b and heading is inserted:

" Consent to seat laying

§ 10b. (1) The transfer of the seat of a building association shall be subject to the consent of the Land Government, in the area of which the building association has its registered office in accordance with Section 32.

(2) In addition, the building association has the intended seat relaying of the Land Government, which is responsible for the new seat and to indicate to the Revisional Association.

(3) A consent in accordance with paragraph 1 may be failed for important reasons.

(4) The consent in accordance with paragraph 1 shall in any case be refused as long as the building association has not remedied any defects found, in particular an administrative order for the removal of defects pursuant to § 29 has not complied with. "

5f. In § 13, the following subsections 4a and 4b are inserted in accordance with paragraph 4:

" (4a) The maximum permissible fee for dwellings in accordance with paragraph 4 shall be reduced by 25% in the case of a fixed-term rental or other use contract. If the fixed-term rental or other contract of use is converted into a rental or other contract of use for an indefinite period, the reduction in the maximum permissible remuneration as referred to in paragraph 4 shall no longer apply from the date of the conversion, provided that: in the rental or use contract, it has been designated in writing by comparison of the fee permitted for an indefinite rental or other usage relationship and the actually agreed fee.

(4b) Agreements concerning a remuneration in accordance with paragraph 4 or 4a shall be ineffective in so far as the agreed fee exceeds the maximum amount permitted under (4) to (4a). The ineffectiveness shall be brought to justice within three years (in the case of the municipality, § 39 MRG). In the case of temporary rent or other usage conditions (Section 29 (1) (3) of the MRG), this period shall expire at the earliest six months after the termination of the rental or other use relationship or after its conversion into an indefinite rental or other use The period of limitation shall be ten years in this case. "

6. § 13 (6) reads:

" (6) In case of the transfer of apartments of category A or B according to § 15a (1) (1) and (2) of the rental law in the version BGBl. No. 800/1993, by way of derogation from paragraphs 1 and 2, for the remuneration components referred to in Article 14 (1) (1) (1) to (3), a higher amount may be agreed in remuneration, but the amount per square metre of the useful area and month may not be higher than 1.75 Euro. The amount introduced is reduced or increased-for the first time on 1 April 2018-every second year to the extent that the average annual average value of the consumer price index published by the Federal Statistical Office of Statistics Austria is changed. 2010 of the respective previous year compared to the average value of 2015. In the calculation of the new amount, amounts not exceeding half a cent shall be rounded off to the next lower whole cent and shall be rounded up to the next higher whole cent, which shall exceed half a cent. The new amount shall be valid from 1 April of the year in question. The appropriate return on own resources of the construction association, which was used to finance property costs, can be additionally charged. "

7. In § 14 para. 1 second sentence, the parenthesis shall be "-in particular the level of the interest rate in question-" through the parenthesis "-in particular the level of the relevant interest rate and changes due to appropriate contractual arrangements with loan or building rights providers-" replaced.

8. § 14 (1) Z 8 reads:

" 8.

Reserves to the extent of not more than 2 vH of the amounts from Z 1 to 5, and "

9. § 14 (2) to (2c) are:

" (2) The non-consumed maintenance and improvement contributions and the future contributions to conservation and improvement to be included in the statutory maximum extent shall also be included in the calculation of the non-consumed conservation and improvement contributions. Other revenue and revenue to be added to improvement and to the revenue from the leasing or transfer of roof and facade surfaces for advertising purposes in order to maintain the construction or the other income Construction, provided that these are economic in terms of the calculation of the remuneration In the case of a court (in the case of the municipality, § 39 MRG), the building association may request an increase in the amount pursuant to paragraph 1 Z 5 for the purpose of covering the defect. The court (the municipality, § 39 MRG) has to decide on when and to what extent this amount will be increased and, taking into account the economic situation of the tenants and other persons entitled to use, on what time the increased The amount must be paid; the period is in principle 20 years, with the exception of the requested work, in an overall show, a considerably shorter or longer duration of the inventory. If that is the case, then this period of time shall be fixed as a distribution period. The increased amount shall be fixed for all tenants or other persons entitled to use in the same proportion to the amount previously provided. In the event of the use of own or foreign capital for the purpose of covering the false amount, interest, repayment and procurement costs shall be set off. Written agreements with all tenants or other users of the right to increase the amount referred to in paragraph 1 Z 5 are permitted.

(2a) Rich the unspent conservation and improvement contributions and the maintenance and improvement contributions to be included in the statutory maximum extent for the rental of the property of the building association In addition to the other revenue and additional income to be allocated to the non-consumed maintenance and improvement contributions, to cover the costs in accordance with § 14d (1a) and the costs pursuant to section 14a for measures in the Interior of home ownership objects and expenses for the replacement of In the case of a tenant investment in accordance with § 20 (5), the association may request an increase in the amount referred to in paragraph 1 Z 5 in court (in the municipality, § 39 MRG) in order to cover the defect. Paragraph 2 shall apply mutatily.

(2b) To written agreements on a reasonable increase in the amount referred to in paragraph 1 (5), for the pro-rata coverage of publicly funded costs

1.

thermo-/energetic refurbishment measures and

2.

Disabled persons, children or elderly persons

All tenants or other persons entitled to use are bound by general parts of the building's construction if, after submission of an opinion from an expert, such as the funding body, the costs of the measures are adequate, at least Three-quarters of the lessee or other persons entitled to use, calculated on the basis of the number of rental or other items of use leased at the time of the agreement. The costs of the work, the amount and extent of the support, the contributions to conservation and improvement, and the amounts devoted to them, the duration of the increase (beginning and end) and the exact extent of the increase must be found. For the purpose of providing housing assistance in accordance with the housing conditions of the Länder, such an agreement shall be deemed to be a court decision within the meaning of paragraph 2.

(2c) An increase in accordance with paragraph 2b may not exceed the level necessary to cover the costs, taking into account the unspent conservation and improvement contributions and the amounts devoted to them. At the request of one of the tenants, the court (the municipality, § 39 MRG) has to decide whether the increase complies with the conditions laid down in paragraph 2b. "

10. In Section 14 (3), the phrase is deleted: "shall not exceed the ten years" .

11. In Section 14 (3a), the quote "§ 14d paragraph 2 Z 1" by quoting "§ 14d para. 2" replaced.

12. § 14 (5) reads:

' (5) Where a construction is carried out in the form of remediation measures for which public funding has been granted, and in addition to the financing of the reorganisation measures (covering the shortcoming), an increase in the conservation and In order to improve the quality of the work, the procedures for increasing this amount are considered to be conservation work. However, the increase in the contribution to maintenance and improvement may not exceed the extent to which the mere implementation of conservation work (§ 14a) would result without the granting of public funding. "

Section 14 (7a) reads as follows:

" (7a) After full repayment of foreign funds, including loans from public funds, the sum of the components of the remuneration referred to in paragraph 7 in conjunction with paragraph 1 (1) (1) to (3) shall not be permitted per square metre of the usable area and month. be higher than 1.75 euros. The amount introduced is reduced or increased-for the first time on 1 April 2018-every second year to the extent that the average annual average value of the consumer price index published by the Federal Statistical Office of Statistics Austria is changed. 2010 of the respective previous year compared to the average value of 2015. In the calculation of the new amount, amounts not exceeding half a cent shall be rounded off to the next lower whole cent and shall be rounded up to the next higher whole cent, which shall exceed half a cent. The new amount shall be valid from 1 April of the year in question. The appropriate return on own resources of the construction association, which was used to finance property costs, can be additionally charged. "

13a. § 14 (8) reads:

" (8) The remuneration for the use of other premises and other parts of the property pursuant to § 13 (5) is, after covering the administrative costs fixed in accordance with Article 13 (3) of the Regulation, in each case for the purpose of the Regulation Construction, which is attributed to these rental or other items of use:

1.

to the extent of 25% of the remuneration to cover operating costs;

2.

use the rest to cover the entire manufacturing costs in accordance with § 13 para. 2 and thereafter

3.

to supply the non-consumed conservation and improvement contributions. "

14. § 14a together with the title is:

" § 14a. (1) In the event of the use of an apartment or a business room from the title of a rental or other use contract, the Association shall have the right to do so in accordance with the legal, economic and technical circumstances and possibilities to ensure that the construction, the rented or used flats or business premises and the facilities used for the joint use of the occupants of the building are preserved in the usual standard, and that the Threats to the health of the inhabitants are eliminated. Further claims in accordance with § 1096 ABGB-unless otherwise stated by the lessee in § 8 paragraph 1 MRG-remain unaffected and cannot be abbeded in advance.

(2) The conservation in the meaning of paragraph 1 includes:

1.

the work necessary for the maintenance of the general parts of construction,

2.

the work to be carried out in order to deliver a rental or other item of use to be leased in a usable condition, including the initial manufacture of a toilet inside, a contemporary bathing opportunity, or equal heat supply. In addition, measures are also included which, in the case of a functional but at least 25-year-old heat supply system or sanitary installation, are subject to the requirements of financial management in the normal and in the respective state of the art. of the technology of such equipment,

2a.

the work in the rental or other use of the material necessary to remedy serious damage to the construction or to the elimination of a significant health risk arising from the object of the rental or other use of the material,

2b.

in the case of flats, the works which are necessary during the period of the rental period, the rental or other items of use, their equipment, the facilities intended for them and the co-rented furniture items in the agreed condition, that is, to repair it or-in the case of the uneconomic nature of a repair-to renew it. This excludes those measures which are the responsibility of the tenants pursuant to § 8 (1) MRG. Moreover, the replacement of lighting fixings, the taking of bagatell repairs as well as the preservation of painting and wallpaper are not the responsibility of the construction association. The removal of normal wear of the other interior surfaces of the rental or other objects of use (such as, in particular, floor covering and tiling) shall be the responsibility of the building association only if its usefulness is significantly impaired,

3.

the work which, if necessary also on parts of the installations situated in the rental objects, for the maintenance of the operation of existing installations serving the common use of the inhabitants, as in particular of central heat supply systems, passenger lifts or central washing kitchens, unless all tenants or other persons entitled to use the building are to be used for the entire duration of their rental or other use contract of the installation; is the maintenance of an existing plant under cover of the Where the cost of the construction and operation of a similar new plant is economically unjustifiable, a similar new plant shall be established instead of the maintenance of the existing plant,

4.

the new launches or redesigns to be carried out by public service obligations, such as the connection to a water pipe or to a channelling system, the installation of appropriate protective devices for the energy supply or equipment for the determination of individual energy consumption,

5.

the installation of technically appropriate Community facilities to reduce energy consumption or to reduce the energy consumption of other forms of construction, of individual parts of the construction or of individual parts of the building; leases if and to the extent that the costs required for this are in an economically reasonable relationship to the general state of maintenance of the construction and the savings to be expected,

6.

the installation and rental of technically appropriate measuring devices for the determination of the consumption in the meaning of this provision, in the presence of a permissible agreement in accordance with section 16 (7),

7.

in the case of public support, and taking into account the operating and maintenance costs, the implementation of measures with a view to impeachment, children or the elderly in general parts of the construction sector.

(3) The costs of maintenance work shall be covered by the amounts raised in accordance with section 14 (1) (5) and the other revenue and additional income to be allocated to them. If these amounts are not sufficient to cover the costs, Section 14 (2) to (5) shall apply. work carried out on the basis of a public service contract, or which are intended to remedy the safety of persons or property at risk, and to maintain the operation of existing water management systems, Optical, gas-conducting, heating (including the central heat-supply systems), sewage and sanitation facilities must be carried out in advance. "

15. § 14b and headline reads:

" Useful improvement through construction measures

§ 14b. (1) The building association shall carry out useful improvements in construction or individual rental and other items of use in accordance with the legal, economic and technical circumstances and possibilities, to the extent that this is done in the With regard to the general state of conservation of the construction, it is appropriate to give priority to improvements in construction which are useful in relation to useful improvements to individual rental or other objects of use.

(2) Useful improvements in construction are to be carried out by the building association,

1.

where maintenance is not required or is ensured that the necessary maintenance work is carried out on a train, or

2.

if and insofar as the construction association and the majority of tenants or other persons entitled to use-calculated on the basis of the number of apartments and business premises leased at the time of the agreement-the building's construction and the execution of the building and the in writing, part of the costs not covered by the unspent maintenance and improvement contributions, as well as ensuring that the other tenants or other persons entitled to use the building are due to the Improvement work not burdened financially and otherwise not excessive shall be affected.

(3) Useful improvements in the interior of an apartment or of a business area require the consent of the tenderer or other authorized user of the apartment (of the business area) affected by the improvement. "

16. § 14c (1) and (1a) are:

" (1) In order to carry out the conservation or improvement work to be carried out, the Court of First Instance (the municipality) shall, upon request, apply the work to be carried out within a reasonable period of time which is not higher than that of the year. If the work carried out in accordance with Article 14a (3), third sentence, is to be carried out, the implementation of this work must be carried out in advance. You have the right to submit your application

1.

the congregation in which the building is situated, in its own sphere of activity and any tenant or other person entitled to use it in respect of the conservation work (Section 14a (2) (1), (2a) to (4) and (6)),

2.

the majority of tenants or other persons entitled to use, calculated on the basis of the number of apartments or business premises leased at the time of application, of the building nature in respect of the conservation work referred to in § 14a (2) (2) (5) and (7) and the useful improvements in accordance with § 14b.

(1a) The building association can only be applied for maintenance work in order to eliminate a significant health risk in the sense of § 14a (1) and (2) (2) Z 2a only if the health risk is not caused by others, the residents of the house can be used to prevent reasonable measures or are measures iSd § 14a (2) (2b). "

16a. In § 14d (1a) the quote shall be: "EAVG" by quoting "EAVG 2012" replaced.

17. In § 14d, paragraphs 2 to 9 shall be replaced by the following paragraphs 2 to 5:

" (2) The contribution to conservation and improvement shall not exceed the starting amount of EUR 0.50 per square metre of the usable area and month, provided that the initial reference date is five years or less. From the sixth year onwards, and for each additional year of the return of the first reference date, this amount shall be increased by 12 vH per year, calculated in each case from the initial amount. However, the contribution to conservation and improvement shall not exceed two euros per square metre of the useful area and month. The amounts mentioned decrease or increase-for the first time on 1 April 2018-every second year to the extent that the annual average value of the consumer price index published by the Federal Statistical Office of Statistics Austria is changed. 2010 of the respective previous year compared to the average value of 2015. In the calculation of the new contributions, amounts not exceeding half a cent shall be rounded off to the next lower whole cent and shall be rounded up to the next higher whole cent by amounts exceeding half a cent. The new amounts shall apply from 1 April of the year in question.

(3) The Federal Minister for Science, Research and the Economy may, by means of a Regulation, provide guidelines for the publication of the value-secured amounts, together with the amounts of the adjustment referred to in paragraph 2, and of other economic values, by means of a Revisionsverband issued. Prior to the release of the Regulation, any auditor association within the meaning of Section 5 (1) shall also be consulted.

(4) The construction association does not use the conservation and improvement contributions paid by the tenants or other authorized users within a period of twenty calendar years to finance a work of conservation or improvement; the Association shall immediately reimburse the contributions paid by the tenants or other authorized users, plus the statutory rate of interest (§ 1000 ABGB). In order to recover the non-consumed maintenance and improvement fee (including interest), the tenant or other persons entitled to use the apartment shall have the right to claim the tenant or the rights of use of the apartment at the time of the due date of the due date. or the other rental item.

(5) By issuing the declaration pursuant to Section 15e (3), the lessee or other persons entitled to use for the first-time home ownership shall acquire a claim for the transfer of all those who were not consumed at the time of the settlement according to § 19b Contributions to the maintenance and improvement of 60 vH in the reserve pursuant to § 31 WEG 2002. In the case of subsequent residential property acquisition, 60 vH of the conservation and improvement contributions payable on the respective rental or other use object, not consumed at the time of settlement pursuant to § 19c, shall be subject to payment reduction. "

18. According to § 15f, the following § 15g is inserted with headline:

" Speculation period in the case of property acquired subsequently

§ 15g. (1) In the event of a subsequent transfer of apartments and business premises in accordance with § 15b to the property (co-ownership, home ownership), the building association shall be entitled to a pre-emption right to be incorporated in the land register and its legal consequences shall be explained in the contract of sale. The right of pre-emption at the purchase price in accordance with Section 2 (2) (2) may not be deleted without the consent of the building association within ten years of the conclusion of the sales contract. It shall be subject to either the performance of the difference referred to in paragraph 2 or, at the latest, after ten years.

(2) In the event of a (further) transfer within ten years of the conclusion of the contract of sale, the owner shall have the difference between the amount of the difference and the amount of the difference between the two

1.

the value of the transport value to be disclosed to the buyer at the time of the written offer of the Association pursuant to § 15e (1) or § 15c lit. b (the traffic value determined by the court pursuant to § 15d (2)) with

2.

the agreed (§ 15d para. 1) or stipulated (§ 15d para. 2 and § 15e para. 2) purchase price to be paid to the building association.

In the case of subsequent transfer into the property (co-ownership, home ownership) according to § 15b, to which the provisions of § 15c to § 15f are not applicable, under Z 1 the traffic value to be announced to the buyer is at the time of the conclusion of the To understand the purchase contract, as well as under Z 2 the agreed purchase price.

(3) As a (further) transfer in accordance with paragraphs 1 and 2, all legal transactions in the living shall apply, with the exception of the transfer of the ownership or the minimum share or the proportion of the minimum part (§ 5 WEG 2002) to the spouse, the registered partner, Relatives in a straight line, including the election children or siblings, as well as the life companions. For the purposes of this provision, life endangerment shall be the person who has been in possession of the divested apartment owner for at least three years in the home in a partnership which is equal in economic terms to a marriage or registered partnership. Household community lives.

(4) objections to the amount of the difference in accordance with the amount of the difference. § 15g (2) of the traffic value in accordance with § 15g (2) (1) (1) are to be brought to court within six months of the application of the court (municipality, § 39 MRG). "

18a. § 17 (1) reads as follows:

" (1) In the event of a termination of a rental or other use contract, the outgoing lessee or other authorized user shall be entitled to repay the sums paid by him for the financing of the construction project in addition to the fee, is reduced by the orderly depreciation of depreciation in the extent fixed in accordance with paragraph 4. "

§ 17 (3) reads as follows:

" (3) The amount referred to in paragraph 1 shall be paid within eight weeks after the removal of the rental or other use item to the outgoing lessee or other authorized user, insofar as he is not responsible for the redemption of legitimate claims of the Landlord is used from the rental relationship. "

19. The previous text of section 17b receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) In accordance with the principles of § 23 (1), the situation, in particular the final maturity of financing shares, requires a refinancing or connection financing, the remuneration shall change accordingly; the relevant principles shall be amended accordingly. In particular, the amount of the interest rate in question shall be disclosed in writing to the lessee or to other persons entitled to use (§ 14 (1) second sentence) at the next following transfer of charges. "

20. In accordance with § 17b, the following § 17c with headline is inserted:

" Refinancing of own funds

§ 17c. By way of derogation from Section 13 (2), own resources may be replaced wholly or in part by foreign funds by the Association for the financing of the entire production costs, provided that the calculation of the remuneration in accordance with Section 14 (1) of the calculation of the remuneration is thereby shall not increase the amounts to be used. Section 13 (2b) and Article 17a (4) shall apply mutatily. "

20a. § 18 (3) reads:

" (3) The building association is obligated to put the final settlement over the entire manufacturing costs (§ 13 para., 2) within 5 years after the first reference of the construction (apartment, business room). The period shall be extended by one calendar year in each case, provided that the construction project is promoted and the final settlement of the financial support has not been approved and announced by the funding body no later than 6 months before the end of its expiry. Within 3 years after the legation of the final settlement, the Bauvereinigung has to grant its contractual partners an appropriate insight into the supporting documents-in the case of receipts on data carriers-in printouts of the supporting documents. At the request of the contractual partners, copies (clearings, further printouts) are to be made by the provided documents at their costs.

Objections against the amount of the total cost of production used for the remuneration (price) (Section 13 (2)) shall be brought to court within three calendar years from the date of the settlement of the settlement (in the case of the congregation, § 39 MRG). "

20b. In § 19 (1), the following second sentence is inserted:

"Any lessee or other person entitled to use may require that the transfer of the accounts to him be effected by electronic transmission rather than by post."

20c. § 19d para. 1 Z 2 reads:

" 2.

(a) the total amount of reasonable contributions to the reserve pursuant to section 14d (1a), which is due to the leased properties of the home-owned property;

b)

the costs in accordance with § 14a for measures within the interior of the residential property

c)

the expenses for the replacement of rental investment pursuant to Article 20 (5) and "

20d. In § 20 paragraph 1 Z 1 lit. a becomes the quote "§ § 15a to 18b" replaced by the citation "§ § 15a to 16a, 17 to 18b"

20e. In § 20 paragraph 1 Z 1 lit. b will be before the turn "§ 18c (2)," the twist "§ 16b," inserted.

20f. § 20 (4) reads:

"(4) A building association in the legal form of a cooperative may, in the case of § 12 or § 14 of the rental law, require that the person (s) of the cooperative entering into the usage contract to join/join as a member."

20 g. § 22 para. 1 Z 12 reads:

" 12.

Amount of the amount to be repaid according to § 17 "

21. In Section 22 (1), the Z 12a is inserted after Z 12:

" 12a.

the determination of the amount of coveted or paid in accordance with Article 15g (4); "

21a. In § 22 (1) the following Z 13a is inserted:

" 13a.

The final settlement of the costs of production (Section 18 (3)). "

21b. In § 22 (1), the following Z 14 shall be added:

" 14.

Amount of the repayable deposit amount (§ 16b Lease Rights Act) "

21c. In § 23 (2) the word "Commercial Code" by the word "Business Code" replaced.

21d. § 23 (4) reads:

" (4) The Federal Minister for Science, Research and the Economy, in agreement with the Federal Minister of Justice, has the detailed breakdown of the balance sheet and the profit and loss in accordance with the legal reserve in accordance with § 10 (6). Loss account shall be determined in accordance with § § 224 and 231 of the German Commercial Code (UGB) in accordance with the provisions of paragraph 2 and in accordance with binding forms by regulation. "

21e. § 23 (4c) reads:

" (4c) The fixed price to be determined in accordance with § 15d is based on the value of the substance, on the basis of the value of the traffic at the time the fixed price agreement was offered, or on the basis of § 15a (§ 23 para. 4b), on the basis of a respective acceptance of the fixed price agreement. appropriate and appropriate depreciation for depreciation and security of value.

In the determination of the purchase price, the agreement includes in particular the pro-rata takeover of all obligations of the construction association (§ 15b para. 1 lit. (c) and the one-off amounts (§ 17), to be taken into account.

The fixed price must be at least equal to the carrying amount and, in any case, the sum of the following costs must be covered by the following costs:

a)

the pro-rata commitments of the Federation of Construction,

b)

the own resources used in proportion to it,

c)

the amounts to be paid by the association in the event of a necessary adjustment of the deduction;

d)

the pro-rata costs of property owners, the exploitation and information of tenants and other persons entitled to use, as in particular, the effects of the promotion of the property.

e)

in the case of already existing home ownership, the proportionate amount of the reserve pursuant to § 31 WEG 2002 "

22. In accordance with § 23 (4d), the following paragraph 4e is inserted:

" (4e) The construction association is obliged, in the case of comprehensive refurbishments, to have the economic advisability of post-compensations in accordance with the requirements of the company. Section 13 (7), including their technical feasibility. "

23. The previous text of § 24 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) The Federal Minister for Science, Research and the Economy may adopt directives by means of a regulation which, taking into account in particular the usual conditions in the industry, but also those in other regulatory areas and sectors, may be adopted. , to lay down rules on the personal suitability and reliability of the persons referred to in paragraph 1. It is also possible to implement more detailed rules on measures to be implemented by industry or company to enforce these conditions. The Directives also provide guidelines for measures to be implemented by industry or company managers in favour of responsible corporate governance and control, as well as guidelines for compliance with specific ethical standards. meet. Prior to the release of the Regulation, any auditor association within the meaning of Section 5 (1) shall also be consulted. "

23a. In § 28 Abs.3 the word "HGB" by the word "UGB" replaced

23b. In § 33 (2), in the second sentence, after the quote, is the following: "10a (1)," the citation along with the following: "10b," .

23c. In § 36 (1) the second sentence is deleted; paragraph 3 becomes paragraph 2; the new paragraph 3 reads as follows:

The provisional cash performance referred to in paragraph 1 and the final cash performance referred to in paragraph 2 shall be calculated on the basis of the last annual financial statements for which an unqualified opinion and an unqualified endorsement are given. . In the calculation of the provisional cash benefit, the assets and liabilities shown in this annual financial statements shall be used and the final cash performance shall be based on the values obtained in the ordinary course of business (traffic values) for the assets and liabilities shown in this annual financial statements. "

24. § 39 (18) Z 2 reads:

" 2.

For the transfer of apartments of category A or B according to § 15a (1) (1) (1) and (2) of the rental law in the version BGBl (German law). No. 800/1993, by way of derogation from paragraphs 1 and 2, for the remuneration components referred to in Article 14 (1) (1) (1) to (3), a higher amount may be agreed in remuneration, but the amount per square metre of the useful area and month may not be higher than 1.75 Euro. The amount introduced is reduced or increased-for the first time on 1 April 2018-every second year to the extent that the average annual average value of the consumer price index published by the Federal Statistical Office of Statistics Austria is changed. 2010 of the respective previous year compared to the average value of 2015. In the calculation of the new amount, amounts not exceeding half a cent shall be rounded off to the next lower whole cent and shall be rounded up to the next higher whole cent, which shall exceed half a cent. The new amount shall be valid from 1 April of the year in question. The appropriate return on own resources of the construction association, which was used to finance property costs, can be additionally charged. "

24a. In § 39 (20), the point at the end of the sentence is deleted; the following sentence part is added " ; for building associations in the legal form of a capital company, which were recognized as non-profit on 31 December 2015, the provisions of Section 6 (2) shall continue to apply in the version in force at that date. "

25. In § 39, the following paragraphs 32 to 34 are added:

" (32) The regulations governing the value-retention of the amounts in § § 13 (6), 14 (7a), 14d (2) and 39 (18), which apply as of 31 December 2015, are from 1. Jänner 2016 no longer apply.

(33) The amounts provided for in § 14d (2), valid as of June 30, 2016, may be further offset by 31 December 2018, if in the settlement according to § 19 on the earnings and improvement contributions of the year 2015 a Negative balance has been shown. Section 14d (4) of the BGBl version is not used for all maintenance and improvement contributions which are not consumed by 30 June 2016. I No 157/2015.

(34) § 14d (5) and § 15g (15g) in the version BGBl. I No 157/2015 shall apply if, after 31 December 2015, an application for subsequent transfer to the property of the apartment pursuant to § 15e or an Anbot of the Bauvereinigung according to § 15c lit. b) "

25a. In § 39, the following paragraph 35 is added:

" (35) § 10 (1) and (6) shall be applied for the first time to the preparation of annual financial statements for financial years beginning after 31 December 2015. In this connection, the balance shall be determined in accordance with Article 10 (6) at the end of the financial year and, in the case of a positive balance, to form a "earmarked reserve for cost recovery", with a "valuation reserve based on the previous year's financial statements" due to Debt relief " is to be immediately placed in the assigned reserve for cost recovery (Section 906 (31) of the UGB). In the event of a negative balance remaining in the financial year after taking into account the "valuation reserve due to excuses" in the financial year, the free reserves shall be offset. At the beginning of the following financial year, existing "bad amounts due to debt relief" are to be offset with the free reserves in the previous year. "

26. In Article IV, the following subsections (1) (q) and (1) (1) are inserted after paragraph 1 p:

" (1q) § 1 para. 3, § 3, § 6 para. 2, § 7 para. 1, para. 3 Z 6 and Z 10, paragraphs 3a, 4 to 4d, para. 5 and 6, § 9 para. 1 and 3, § 9a para. 2 to 3 as well as para. 5 and 6, § 9b, § 10 para. 1, 5 and 6, § 10a para. 1 and 2, § 10b, § 13 para. 4a and 4b, § 14 para. 1, 2 to 3a, 5 and 8, § 14a, § 14b, § 14c para. 1 and 1a, § 14d para. 1a, 3 to 5, § 15g, § 17 para. 1 and 3, § 17b, 17c, § 18 para. 3, § 19 para. 1, § 19d para. 1 Z 2, § 20 para. 1 Z 1 and para. 4, § 22 paragraph 1 Z 12, 12a, 13a and 14, § 23 para. 2, 4, 4c and 4e, § 24, § 28 Abs. 3, § 33 (2), § 36 (1) to (3), § 39 (20) and (32) to (35) in the version of the Federal Law BGBl (Federal Law Gazette). I No 157/2015 will be 1. Jänner 2016 in force, § 14c (1a), however, with the proviso that the new regulation applies only to leases in respect of measures iSd § 14a (2) 2b 2b which have been concluded after 31 December 2015, Section 13 (4a) and (4b), however, with the proviso that the new regulations apply only to leases which have been concluded after 31 December 2015; § 13 para. 6, § 14 para. 7a, § 14d para. 2 and § 39 para. 18 in the version of the Federal Law BGBl. I No 157/2015 will enter into force on 1 July 2016-notwithstanding previous contractual agreements.

(1r) On proceedings pursuant to § 22 (1) Z 1,3,4,6,6c, 7,8, 10 and 11a, which are pending on 31 December 2015, the provisions in force until then shall continue to apply. In accordance with § 22 (1) Z 11, which are pending on 30 June 2016, the provisions in force until then shall continue to apply in accordance with the provisions of Section 39 (32) to (34). "

Fischer

Faymann