In cases where these two criteria do not clearly distinguish between self-employment and non-self-employment, the Austrian Supreme Administrative Court (VwGH) consistently refers to additional indicators, such as the absence of entrepreneurial risk or the ability to appoint a substitute.
If a freelance service relationship exists, it is considered a self-employed activity under VAT law. As a result, freelance service providers qualify as entrepreneurs and are therefore subject to VAT.
VwGH 23.11.2023, Ra 2022/13/0102