Leistungsabgeltungs Regulation 2013 - La V 2013

Original Language Title: Leistungsabgeltungs-Verordnung 2013 - LA-V 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996883/leistungsabgeltungs-verordnung-2013---la-v-2013.html

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509th regulation of the Federal Minister for finance on remuneration for services between institutions of the Federal Government and charges for services provided by institutions of the Federal Government to a third party (Leistungsabgeltungs regulation 2013 - LA V 2013)

On the basis of sections 63, par. 2 and 64 respectively in connection with § 121 paragraph 13 of the Federal Budget Act 2013 (BHG 2013), Federal Law Gazette I No 139/2009, as last amended by Federal Law Gazette I no. 62/2012, is prescribed:

Performance term

§ 1 (1) which establishes the concept of performance of this regulation in accordance with § 63 para 1 and 64 of the Federal Budget Act 2013 (BHG 2013), Federal Law Gazette I no. 139/2009, on Article 859 of the General Civil Code (ABGB), DL 946/1811, and includes services in the area of private sector management from a leading budget authority (§ 7 para 1 BHG 2013) budget leading elsewhere or to third parties to be provided. Services of domestic leading posts in the area of territorial administration are not governed by this regulation.

(2) services and their use by managers or head of household leading digits are the corresponding detailed budget of the relevant budget executive organ (article 6, paragraph 1 BHG 2013) attributable to.

(3) the following services are regarded as internal activities and do not therefore fall under the concept of performance referred to in paragraph 1: 1. the making of the agreement, the joint action or interaction between the federal ministries in accordance with § 5 of the Federal Ministry of law of 1986, BGBl. No. 76 and 2 budget leading the handling of administrative tasks in enforcement of budgetary rules of the Federal Government including the related reports, opinions and communications to others as well as the carrying out of orders , are transferred to the domestic governing bodies by the Federal Minister of finance or by the Federal Minister of Finance (in particular pursuant to § 73 para 6, 74 para of 4, 75 paragraph of 9, 76 para 10 BHG 2013).

Remuneration and payment obligation

2. (1) Haushaltsführende have for services pursuant to section 1 para 1, 1 from a domestic leading other authority they received, to pay a remuneration; This is pursuant to § 63 para 1 BHG 2013 on the basis of the mean value (§ 305 ABGB) to agree, in principle in a written management agreement that including the subject matter of the power, the settlement period and, if necessary, to contain a payment plan, 2. to third parties provide, a charge referred to in section 64 BHG 2013 on the basis of the mean value of at least (§ 305 ABGB) to agree, in writing if these services not in accordance with sections 3 to 5 paragraph 1 and 2 or on the basis of other legal provisions of the Federation of Remuneration or fee obligation are excluded.

(2) section 1 is to apply in particular to services which can be provide by the payer budget leading bodies according to the existing legislation.

Exemptions from the obligation of compensation for services between budgetary leading

§ 3. If not on the basis of other legislation of federal compensation is payable, such to account for when 1 budget leading the performance sites within the remit of their respective budget executive organ, except a) the competent fiscal-governing body has the payment of a fee for such services expressly laid down, or b) in the cases of § 6.

2. the value of the performance which do not exceed EUR 5 000. Services, which have a uniform in terms of financial, legal or economic process to the subject, a unit of form. If this threshold is exceeded, has a compensation in the full amount to be done. Several similar individual services provided during the financial year are to be together and to be paid if their total value exceeds the value indicated in the first half-sentence in full. Ongoing, similar to the continuing obligation, similar services on a budget-leading authority are subject to not this value limit and are therefore independent of their value in the full amount to be paid for.

3. the performance in participating in meetings or in the provision of information is.

4. by the Federal Minister of finance or by the Federal Minister of finance in the interests of administrative simplification in some cases, for certain groups or categories of performance management through further exceptions for a specific or indeterminate period be allowed if this is appropriate in terms of the scope or the nature of the performance, after consultation of the competent financial executive organ and after presenting an assessment of the respective services through this.

5. moving federal assets temporarily left are taken out, the competent domestic governing body has explicitly defined the payment of honoraria.

Services in the context of participation and control of the National Council for full files of the Federal justify 4. (1) no remuneration.

(2) services on the basis of the 8 main piece of the Federal Constitution Act (B-VG), BGBl. No. 1 / 1930, as well as services on the basis of the Court of Auditors Act 1948, BGBl. No. 144, are not the scope of this regulation.

Exceptions from the obligation to pay services budget leading bodies to third parties

§ 5 (1) for services budget leading bodies at the Austrian Federal financing agency with its fulfilment in accordance with § 2 2 and 3 of the Federal Finance Act, Federal Law Gazette No. 763/1992, has to be omitted, provided that the Austrian Federal financing agency free of charge provides its services to the Federal Government a fee associated.

(2) the Federal Minister of finance or the Minister of finance may allow administrative means on the basis of a reasoned proposal of the competent budget management organ under application of § 3 Z 4 further exceptions to the agreement of a fee.

(3) the provisions of §§ 63 para 1 fourth set, 75 and 76 BHG 2013 shall remain unaffected.

Use of objects of the castle main team Austria by leading financial agencies

§ 6 (1) for the use of objects, no. 141/2000, of the castle main team Austria is their management and technical assistance in accordance with section 22 of the Federal Real Estate Act, Federal Law Gazette I, is the domestic governing bodies as well as those places leading to the budget, with regulation in accordance with § 7 paragraph 1 Z 2 BHG 2013 tasks were transferred to pay a usage fee from 1 January 2015. Excluded from this open space and the real estate KG Ebensee EZ 879, EZ 526 KG Langenstein, KG Mauthausen EZ are 578 and 598, as well as the KG inner city EZ 3, Heroes square (Castle gate).

(2) to prepare future paid use of compensation (para. 1) the castle main crew of Austria and the domestic governing bodies for their area in relation to those premises referred to in paragraph 1, which are used to collect information on the following types of performance at the time of entry into force of this regulation by organs of the Federal Government have: 1 use of real estate (land), 2nd in the last five years from entry into force of this regulation made structural maintenance and repair measures including the incurred costs , except General renovations, 3. other investments carried out in the last five years from the entry into force of this regulation relating to structural measures (except General renovations), as well as in the administrative sector, including premises costs, 4 General renovations made since the entry into force of the federal real estate law, 5. real estate management costs (operating costs, other operating costs) in the calendar year 2010.

(3) the budget governing bodies are required to submit their respective data the castle main team Austria fully and in a structure to be in Austria by the castle main crew within the period prescribed by it. The information collected are to prepare Austria from the castle main team in a written report. The treatment is to integrate at least according to activity types, real estate (insert numbers, objects, economic units, etc.), budget governing bodies, as well as in terms of amount. In addition, the report may include proposals for standardizing on carrying out maintenance and repairs or other investments, pay by other property management costs, as well as on the future use of compensation (para. 1).

(4) the castle main team Austria has to submit the report referred to in paragraph 3 the concerned budget governing bodies as well as the Federal Minister of finance or the Federal Minister of finance no later than July 31, 2013. The Federal Minister of finance or the Minister of finance may lay down further rules on the compensation of of use of payment following receipt of the report.

Use of managed not by the castle main team Austria and managed objects of the federal budget-leading bodies


§ 7. For use assignment between leading household objects subject to places not § 6 use commercially available, fees and management costs are from 1 January 2013 to pay. On this at least written management agreement to complete that are have to contain in particular the extent of the land, the duration of assignment, as well as the compensation of use of and the management costs.

References

§ 8. The references in this regulation to federal laws apply as a reference to the current version.

Entry into force, expiry

9. (1) this regulation into force on January 1, 2013.

(2) the Leistungsabgeltungs regulation, Federal Law Gazette II No. 388/2000, occurs at the end of 31 December 2012 override.

Fekter