According to current information, there are no plans to extend the special rules from 2024/25 for the tax exemption of overtime bonuses. If there are no further changes to the law, the following monthly limits will apply in the area of Section 68 (2) EStG from 2026:
- max. 10 overtime bonuses at 50 %
- max. EUR 120.00.
VwGH decision on the tax exemption of overtime
The Administrative Court has in a recent decision significantly tightened the requirements for the tax exemption of overtime bonuses (Section 68 EStG). Although the decision dealt with Sunday overtime, it also addresses other aspects (time records, flexible working time models).
The following issues are raised in the VwGH decision:
Problem no. 1: Tax exemption of SFN overtime bonuses
The tax exemption of bonuses for Sunday, public holiday and night overtime requires that the exact timing and amount of the bonus is clearly documented for each overtime hour. For this reason, the favoured hours must be explicitly marked in the working time and payroll records. This should make it easy to verify the accuracy at any time without GPLB auditors having to investigate or calculate it themselves.
This means:
- The requirements for the tax exemption of SFN overtime bonuses are only met if the respective favoured hours are marked, even if there are no gaps in the working time records (e.g. manually kept). It should therefore be clarified whether the time and payroll software used enables a concrete allocation of tax-free bonuses to the working hours recorded by day and time and can be easily checked.
- The application of labour law simplifications of the Working Hours Act in the case of records (e.g. balance recording for predominantly home office work or freelance field staff) generally leads to the tax concession pursuant to Section 68 (1) EStG being waived.
Problem no. 2: Computable working time or flexitime
In the case of working time calculation or flexitime, plus hours that can be carried over within the calculation or flexitime period are not to be counted as overtime, but merely as normal working hours plus hours. The tax exemption in accordance with § 68 Para. 2 EStG can therefore only be applied for the months in which the calculation or flexitime period ends in the case of calculable working time or flexitime - apart from “immediate” overtime.
Example: In the case of a three-month period, the tax exemption pursuant to Section 68 (2) EStG is only possible four times a year, in the case of a six-month period only twice a year and in the case of a 12-month period only once a year.
In practice, there is therefore no tax exemption for plus hours payments during the current calculation or flexitime period in accordance with § 68 Para. 2 EStG.
The decision-makers should determine whether adjustments need to be made to the settlement of SFN overtime bonuses and/or the company's flexitime model.
Created: 04.11.2025
Source: Kraft & Kronberger specialised publications
Photo: Cottonbro
