Tax Representative in Austria: A Comprehensive Guide for Foreign Artists and Athletes

„Tax liability knows no borders – but clear rules help navigate it correctly.“
An increasing number of foreign entrepreneurs, artists, and athletes are performing or offering services in Austria. Anyone generating revenue in Austria must comply with complex tax obligations. A key concept in this context is the “tax representative in Austria.” This article provides a detailed guide to the tax obligations of foreign artists and athletes and explains why appointing a tax representative is essential.
Why Appoint a Tax Representative in Austria?
A tax representative is a legal or natural person based in Austria who represents foreign businesses in tax matters. When a foreign business generates taxable revenue in Austria without a permanent establishment, Austrian VAT law requires the appointment of a tax representative. This applies especially to:
- Artist agencies organizing concerts, tours, or shows
- Foreign athletes participating in tournaments or sporting events
- Event organizers and booking agencies without a registered office in Austria
The tax representative is responsible for:
- VAT registration
- Payment of VAT to the Austrian tax office
- Preparing and filing tax returns
- Ensuring proper invoice issuance
VAT for Foreign Artists and Athletes
Place of Supply
The place of supply determines whether Austrian VAT law applies. For B2B services (e.g., when the event organizer is a business), the recipient’s location is decisive. For B2C services (e.g., when the client is a private individual), the place of performance is relevant.
Reverse Charge Mechanism
If the foreign service provider has no fixed establishment in Austria but provides services to an Austrian business, the recipient is liable for the VAT. This mechanism eases the burden on the foreign artist but still requires a tax representative if the reverse charge does not apply (e.g., ticket sales).
Invoicing Requirements
Invoices must be issued net (excluding VAT) and include:
- The recipient’s VAT ID
- A reference to the recipient’s tax liability (reverse charge)
Incorrect invoices showing VAT may result in tax liabilities for the artist.
Income Tax Aspects
Limited Tax Liability
Foreign artists and athletes who have neither residence nor habitual abode in Austria are subject to limited income tax liability for income earned in Austria. This also applies to intermediary entities if they are considered “active participants.”
Gross Tax Withholding
For contracts for work or employment, the Austrian payer must withhold a flat-rate tax of 20–25% from the gross amount. Additional expenses paid by the event organizer (e.g., travel or accommodation) are also subject to withholding tax.
Net Tax Withholding
This allows the deduction of substantiated expenses and applies to artists resident in the EU or EEA. Requirements include:
- Written disclosure of expenses
- Declaration of any other Austrian income within the same calendar year
Avoiding Double Taxation
Applying Double Taxation Agreements (DTAs)
Most DTAs contain an artist or athlete clause that permits taxation in Austria. Some treaties also include pass-through clauses, which apply when the contract is signed via an agency.
Tax Exemption for Publicly Funded Performances
Many DTAs (e.g., with Germany or Switzerland) provide tax exemptions in Austria for publicly funded performances.
Simplifications and Withholding Relief
Simplified Procedure
If the artist’s fee is below EUR 1,000 and annual earnings do not exceed EUR 2,421, withholding tax may be waived.
Withholding Tax Relief at Source
If a certificate of residence (Form ZS-QU1/2) is provided, withholding tax can be reduced or waived. Without such documents, full withholding applies.
Conclusion: Ensure Compliance with the Right Tax Representative
Foreign artists, athletes, and entrepreneurs earning income in Austria should seek tax advice early. An experienced tax representative in Austria ensures compliance with legal requirements, optimizes tax obligations, and facilitates smooth interactions with the Austrian tax authorities.
A successful and legally sound performance in Austria starts with choosing the right tax representative.
Are you planning to perform or organize events in Austria? Contact us – we will provide your personal tax representative in Austria!