Amendment To The Fiscal Equalization Act Of 2008

Original Language Title: Änderung des Finanzausgleichsgesetzes 2008

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997334/nderung-des-finanzausgleichsgesetzes-2008.html

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82. Federal Act, 2008 amends the financial balancing act

The National Council has decided:

The 2008 financial balancing act, Federal Law Gazette I no 103/2007, as last amended by Federal Law Gazette I no. 151/2011, is amended as follows:

1. in article 8, paragraph 1, as well as in § 9 para 1 second sentence is inserted after the phrase "sales tax," the phrase "the lump sum in accordance with the agreement between the Swiss Confederation and the Republic of Austria on cooperation in the areas of taxes and financial market," respectively.

2. § 9 para 2 by the following paragraph 2 and 2a replaced:

"(2) to pull off 1.75% of the respective Nettoaufkommens as well as in the year 2011 more 78,267 million euros and more from the year 2012 85,667 million euros a year for purposes of the Familienlastenausgleichs are 1 the income shares of the federal income tax without capital gains tax II and the corporate income tax. The deduction for purposes of the Familienlastenausgleichs is to reduce the impact of the abolition of self ownership on the authorities (§ 24 para 6);

2. of the income shares of the federal income tax without capital gains tax II and the corporate income tax, 1.1% of the respective Nettoaufkommens for purposes of disaster relief fund as well as the income shares of the Federal Government on the tax more EUR 10 million per year for purposes of the disaster relief fund. When the reserve of the disaster relief fund is exhausted, the deduction of the income shares of the Federal Government in corporation tax for purposes of compensation for damage caused by natural disasters in the meaning of § 3 of the disaster fund law can be increased in 1996, BGBl. No. 201, by a decision of the Federal Government to the extent that compensation for this damage is also necessary, but not more than 1,1% of the Nettoaufkommens of income tax, no capital gains tax II and on corporate income tax (amount of increase);

3. of the income shares of municipalities at the duties with uniform keys (para 1) 0,166% of the respective Nettoaufkommens for the partial financing of Austria's contribution to the European Union.

Under capital gains tax II is off Nos. 3 and para 3 EStG 1988, pursuant to § 93 par. 2 October 1, 2011, however, that in accordance with § 93 EStG 1988 in connection with section 27, paragraph 2 Z 2, para 3 and 4 of the EStG 1988 as well as the income tax levied on cooperation in the fields of taxation and financial market as a withholding tax in accordance with the agreement between the Swiss Confederation and the Republic of Austria to understand.

(2a) which are shares of the countries and communities of the sales tax to increase compensation for the abolition of self ownership to its impact on the countries and the communities (section 24 para 6) at the expense of the shares of the Federal Government on the sales tax.

3. in article 9, paragraph 3, last sentence is replaced by the quote "Para 2a" the quote "ABS. 2 last sentence".

3A. § 20 para 1 last sentence replaces the date "August 1" "September 15" with the date.

4. in article 24, paragraph 6, the quote "section 9 para 2" by the quote is replaced "§ 9 ABS. 2 and 2a".

5. paragraph 24 paragraph 9:

"(9) the profit shares in the community federal taxes to the countries, that not until the expiry of the 31 December 2012 an agreement between federal, State, and local on a stability pact on the basis of the Federal Constitution Act on appropriations of the Austrian Association of municipalities and the Austrian cities, Federal Law Gazette I no. 61/1998, on ensuring sustainable compliance on budgetary discipline, in particular on the basis of article 121" , 126 and article 136 of the Treaty on the functioning of the European Union (TFEU) and on the implementation of the rules of secondary legislation, in particular the regulations on the stability and Growth Pact, as well as to the implementation of the Treaty on stability, coordination and governance in the economic and Monetary Union have ratified and in force leave monthly to the revenue of the country from the tax measures under the 2011 budget bill , Federal Law Gazette I no. 111/2010, and 2012 1 Stability Act, Federal Law Gazette I no. 22/2012, shortened. This monthly amount is from the with the key for the country distribution of duties with uniform keys determined share of the country (§ 9 section 7 Z 5. g) calculated on the monthly revenue of countries amounting to EUR 33.2 million for the year 2012, EUR 49.2 million for the year 2013, 58.1 million euro for the year 2014, 59.0 million euro for the year 2015 and 63.5 million euros for the years from 2016. After the ratification of the agreement, the income shares transferred again unabridged and refunded the amounts withheld since the beginning of the year. The amounts retained in previous years will remain the Federal finally."

6 paragraph 25 paragraph 3:

"(3) if at the beginning of the year, the financial compensation for this year is still not regulated, you be applied provisionally further provisions in force granted last year of its validity up to statutory rules. To what extent the accordingly payments are retroactively new rules, is reserved for the legal revision."

Fischer

Faymann