NEW TURNOVER LOSS BONUS III (“AUSFALLSBONUS III”)

Overview

The already familiar turnover loss bonus has been extended for the periods November 2021 until March 2022. In comparison to the turnover loss bonus I (“Ausfallsbonus I”) for the periods November 2020 until June 2021 and to the turnover loss bonus II (“Ausfallsbonus II”) for the periods July 2021 until September 2021 the turnover loss bonus III (“Ausfallsbonus III”) has some new requirements in addition to the already known. These are described below:

Who is entitled to apply for the turnover loss bonus III?

Companies can request the turnover loss bonus III with a turnover loss of at least 40 %, whereby for the calendar months November and December 2021 a loss of 30 % is sufficient.

In addition, the following requirements must be fulfilled:

• Headquarter or establishment in Austria;
• Operational activity in Austria with income from self-employment or business income;
• no insolvency proceedings and no fiscal penalties due to intentional tax evasion in the last five years (unless it is only a fine not exceeding EUR 10.000 or it only concerns a minor fiscal offense which is called a “Finanzordnungswidrigkeit”);
• Not more than 3 % of the workers are dismissed (only applies to companies with over 250 workers), unless there is an appropriate explanation;
• Execution of damage-reducing measures to minimize the turnover loss;
• No profit distributions between 1 December and 30 June 2022.

As with the turnover loss bonus II, there is also an exclusion criterion for companies that, despite having the opportunity of short-time work and maintenance of the business model, have reduced the number of employees with the aim to lower the turnover and maximize the turnover loss bonus. What is new, is that penalties due to the failure to comply with corona measures lead to the loss of the turnover loss bonus III (eg repeated failure of entry checks).

How to calculate the loss of turnover?

The turnover loss is calculated by determining the difference between the turnover of the period under observation and the comparison period. The period under observation includes the calendar months between November 2021 and March 2022. For the months of November 2021, December 2021 and March 2022, the corresponding calendar months from 2019 are considered as comparison period. For the months of January and February 2022, the corresponding months from 2020 are considered as comparison period.

How high is the replacement rate?

The replacement rate depends on the industry and is between 10 % (e.g. car dealers) and 40 % (e.g. gastronomy). The turnover loss bonus III is capped at EUR 80,000 per calendar month. However, the amount from the turnover loss bonus and short-time work cannot exceed the turnover of the comparison period.

The maximum amount paid-out per company is capped at EUR 2,3 Mio. Certain corona-grants must be deducted from this bonus (see below). For companies that were in financial difficulties on 31 December 2019  special regulations apply (except for small-/micro-businesses). In such cases, the general maximum amount is EUR 200.000.

How and until when is it possible to request the turnover loss bonus III?

The turnover loss bonus III can be requested from the 10th of the observation period following month until the 9th of the observation period fourth following month. Hence, for November 2021 the filing of the application is already possible since 10 December 2021.The application may be filed by the company itself or the tax advisor.

Which corona-grants reduce the maximum amount of EUR 2,3 Mio?

The following corona-grants must be taken into account:

• Turnover replacement (II);
• Fix cost bonus 800.000;
• Turnover loss bonus I and II;
• Covid-19-loan guarantees to the extent of 100% that have not yet been repaid;
• Covid-19-grants from federal states, municipals or regional economic or tourism funds;
• Certain Covid-19 grants from the Non-Profit-Organization-fund.

Those grants must be added up and are reducing the maximum amount of EUR 2,3 Mio.

It is not required to consider the short-time work bonus, fix cost bonus I, 90%- and 80% guarantees of the AWS or the ÖHT and grants from the hardship fund. It is now also clarified that the turnover loss bonus III does not reduce the maximum amount of an already granted fix cost bonus 800.000 as well as an already granted turnover loss bonus II in the amount of EUR 1,8 Mio.

Is the turnover loss bonus III also granted to start-ups?

Companies that have already achieved a turnover before 1 November 2021 are entitled to apply. There are exceptions to this rule if an existing business is transferred for certain reasons (eg retirement of previous owner and handover to close relatives) after the specified deadline. In cases of a handover of existing businesses, the comparison turnover is based on the respective comparable economic unit. In case of start-ups without having revenues in the comparison period, the average of the monthly revenue from the first-time revenues were achieved is used as a basis for comparison.

Where can I find more details?

More details can be found in the relevant guideline as well as under the FAQ of the BMF, which are continuously updated and expanded (only available in German).

Conclusion

The turnover loss bonus III is intended to provide new liquidity relatively easily and quickly to companies affected by decrease in turnover. In case the turnover loss amounts to 40% (or 30% for the months of November and December 2021), a replacement rate of between 10% and 40% applies. The turnover loss bonus is capped at EUR 80,000 per month. Caution is advised concerning new specifications (eg profit distributions between 1 December 2021 and 30 June 2022 are harmful as well as certain penalties due to the failure to comply with Corona measures).