Why Austria is different
Most EU member states have one crypto-tax obligation: report user information under DAC8 starting CY2026. Austria has three. CASPs serving Austrian residents must withhold capital gains tax (KESt) on every disposal, file a separate domestic report under the Krypto-Meldepflichtgesetz (Krypto-MPfG), and comply with DAC8/CARF for the same population.
The three regimes overlap but do not substitute for each other. A CASP that builds for DAC8 alone, ignoring KESt and the Krypto-MPfG, will be non-compliant in Austria from day one.
KESt: the 27.5% withholding
Since 1 January 2024, Austrian-resident CASPs (and foreign CASPs that elect to act as withholding agents) must withhold 27.5% capital gains tax, Kapitalertragsteuer or KESt: on every realised crypto-asset gain by an Austrian resident. The withholding settles the user's annual income-tax obligation for the gain ("Abgeltungswirkung"), so users do not need to declare it separately.
Two consequences for system design:
- Withhold per disposal, not per year. The KESt amount is calculated and deducted at the moment of disposal, in EUR.
- Refund mechanism for losses. Within the same calendar year, realised losses can offset earlier gains; the CASP refunds previously withheld KESt up to that amount.
Cost basis and moving average
Austria mandates the moving-average cost method (gleitender Durchschnittspreis) for cost basis, not FIFO. Every buy of a given crypto-asset updates the user's weighted average cost; every sell is realised against that average. This was a 2023 change, code written to a FIFO model is now wrong.
Crypto-to-crypto swaps are non-taxable as long as both assets are Neuvermögen (acquired on or after 1 March 2021, see below). Crypto-to-fiat and fiat-to-crypto conversions are taxable events.
Altbestand vs Neubestand
Austria splits a user's crypto holdings into two pools based on acquisition date:
- Altvermögen: acquired before 1 March 2021. Outside the new regime; disposals are not subject to KESt.
- Neuvermögen: acquired on or after 1 March 2021. Fully in scope.
The two pools are tracked separately per user per asset. A complication: if Altvermögen is swapped for a different crypto-asset, the new asset enters Neuvermögen at fair-market value at the moment of the swap. This is a one-time transition; the original Altvermögen characterisation does not transfer.
Ka1Y FinanzOnline filing
Annually, by 15 February: Austrian withholding agents file a Ka1Y report through the BMF FinanzOnline portal. The report aggregates KESt withheld, refunds issued, and the underlying transactions, in a BMF-defined XSD schema. This filing is separate from CARF/DAC8 and from the Krypto-MPfG report.
Krypto-MPfG domestic reporting
Even where KESt is being withheld, Austria has introduced a domestic CARF-style reporting obligation (Krypto-Meldepflichtgesetz) effective from CY2026. The Krypto-MPfG captures CASPs that the EU DAC8 nexus rules might not, most notably non-EU CASPs that accept Austrian users via passive marketing only, and acts as a domestic backstop.
Reporting is to the Austrian Finanzamt in a Krypto-MPfG-specific schema closely modelled on CARFxml. Deadline aligns with DAC8 (30 September following the reporting year).
How CARF and DAC8 interact with all of this
For an Austrian-resident CASP, the practical stack looks like this:
- Real-time: withhold KESt per disposal, track Altbestand/Neubestand, apply moving-average cost basis.
- By 15 February: file Ka1Y for the prior year's KESt aggregates via FinanzOnline.
- By 30 September (from 2027): file under DAC8 to the Finanzamt for all Austrian users, AND under the Krypto-MPfG for any users not in DAC8 scope.
- By 30 September (from 2027): if the CASP is the single-MS registration for other EU users, file under DAC8 for those populations in the same window.
SteuerreportingVO additionally requires CASPs to provide each user with an annual per-user tax certificate, in a defined format, by 31 January following the reporting year (effective from 2025).
Further reading
- BMF, EStG §27b, Einkünfte aus Kryptowährungen
- BMF, SteuerreportingVO 2024
- Krypto-Meldepflichtgesetz (Krypto-MPfG)
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