Showing posts with label Frequent Flyer Programs. Show all posts
Showing posts with label Frequent Flyer Programs. Show all posts

Wednesday, June 23, 2010

Austria: bonus miles earned through business trips are subject to income tax

In a recently published judgement, Austrian Admnistrative Court (VwGH) decided that bonus miles of a frequent flyer programme earned by an employee on business trips are a taxable benefit arising from the employer-employee relationship, if used for the employee's private purposes: even if only individual persons are eligable to participate in frequent flyer programmes while companies are excluded, miles earned on business trips are occasioned in the context of the employer-employee relationship and therefore constitute income from employment if used privately.

However, these benefits do neither constitute any wage tax liabilities of the employer nor any obligation of the employer to monitor the use of bonus miles.

Income tax therefore must be paid by the employee himself as soon as the bonus miles are redeemed for goods or services. The mere credit of miles doesn't create any tax obligation.

Judgment 2007/15/0293 of April 29, 2010 available in German here>>.

Wednesday, March 31, 2010

USA: Supreme Court refuses to hear Frequent Flyer Depot case


American Airlines' frequent flyer program prohibits the purchase or sale of the program’s mileage credit or award tickets and makes such mileage or tickets void if transferred for cash or other consideration. American sued Frequent Flyer Depot, and its owners for brokering AAdvantage mileage credit and award tickets. In September 2008, the trial court granted the airline’s request for a temporary injunction and issued an order enjoining the brokers from purchasing, brokering, bartering, selling, offering for sale or soliciting AAdvantage mileage credit or award tickets through the completion of the trial. The appeals court rejected Frequent Flyer Depot’s appeal and held that the airline’s contract with its frequent flyer program members is based on mutuality of obligation and thus is enforceable.

The US Supreme Court has now refused to lift the temporary injunction against Frequent Flyer Depot.

Case: Frequent Flyer Depot v. American Airlines, 09-815

Sources: The NV Flyer, eTurboNews