Incorrect wage tax deduction and its correction

The correction of an incorrect wage tax deduction is generally carried out within the scope of the employee’s tax assessment procedure. A so-called “catch-up effect” in the assessment process applies if wage tax was not withheld when it should have been. For this catch-up mechanism to apply, it is irrelevant whether the employer was held liable under § 82 of the Austrian Income Tax Act (EStG 1988) or not.

From a procedural efficiency standpoint, an incorrect or omitted wage tax deduction should not be asserted against the employer but should instead be corrected or recovered directly through the employee’s individual tax assessment.

VwGH 22.02.2024, Ra 2022/13/0094