3 January 2024

Advantages and peculiarities of opening a company in Austria

Opening a company in Austria attracts foreign investors from around the world due to the country’s stable political system, skilled workforce, and developed economy. Registering your company in Austria is relatively simple.

Investors quickly start earning profits without wasting time, money, and nerves. The process of registering a company in Austria is transparent and flexible, and the local legislation is favorable for establishing new corporations.

The country is a member of several authoritative international business organizations, such as the International Chamber of Commerce. This can be quite beneficial as clients will know that your product or service meets the highest international standards.

The standard corporate tax rate in Austria is 25%. Company owners must draft a charter, make necessary capital contributions, and register the company in the Register.

In this material, we will discuss what a GmbH is, whether it is worth choosing this form of ownership, and how to open a business in Austria.

CONTENTS:

  1. What type of companies is most common in Austria?
    What are the requirements for a limited liability company (GmbH)?
  2. What other types of companies exist?
  3. Advantages of Austrian company registration
  4. Opening a company in Austria
    1. Simple company registration process in Austria
    2. Cultural factors
  5. A little more about GmbH
    1. How to notarize the company’s charter or establishment statement?
    2. Minimum share capital contribution to the bank
    3. Company registration in the local court (Handelsgericht)
    4. Registration with the tax office (obtaining VAT number)
    5. Registration (Gewerbeanmeldung) with the Chamber of Commerce (Bezirksverwaltungsbehörde)
    6. Employee registration for social security benefits
    7. Registration with the municipality
  6. What is an Austrian corporation (AKTIENGESELLSCHAFT — AG)?
  7. What is an Austrian partnership?
  8. Should you register your company in Austria?

What type of companies is most common in Austria?

A limited liability company (GmbH) is the preferred form of business in Austria. It is a corporation with legal personality, independent of its founders.

A minimum capital of €35,000 is required, with at least €17,500 to be paid in at the start. Shares can only be transferred through a notarized act.

What are the requirements for a limited liability company (GmbH)?

To register a GmbH in Austria, you will need:

  • at least one shareholder;
  • at least one managing director, who does not have to be an Austrian citizen;
  • a local serviced office (recommended, but not mandatory).

We will discuss in more detail how to open a company in Austria with this legal form of ownership and much more below.

What other types of companies exist?

In Austria, you can register the following types of companies:

  1. Public limited company (AG) with a minimum capital of €70,000.
  2. General partnership (OG) with unlimited liability for all partners, requiring at least two.
  3. Limited partnership (KG) with unlimited liability for at least one partner. Legally, at least two shareholders are required.
  4. Private corporation (GesbR) with at least two shareholders.
  5. Silent partnership (stG).
  6. Registered civil partnership (EEG).
  7. Societas Europaea (SE).
  8. Private entrepreneurship.
  9. Branch or representative office of a foreign company.

These are all the companies that can be established in Austria by non-residents.

Advantages of Austrian company registration

Opening a company in Austria is indeed worthwhile. The country offers interesting tax benefits for non-residents. But that’s not all; by registering a business here, you get:

  • political and economic stability;
  • low corporate tax rate;
  • skilled workforce;
  • reliable legal system;
  • double taxation treaties with most countries.

Contact us, and we will be happy to tell you more about the main advantages of registering a company in Austria.

Opening a Company in Austria

When opening a company, we recommend considering some factors.

Simple Company Registration Process in Austria

In 2015, government laws simplified business registration in Austria. The country reduced requirements for minimum capital and notarial fees.

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The competitive advantages of registering a business in Austria depend on its economic, political, and labor stability, as well as its highly skilled workforce and strong business ties with Central and Eastern Europe.

The country has a competitive tax system, which provides a low corporate income tax rate and numerous tax benefits.

Moreover, companies with subsidiaries can take advantage of group taxation provisions by moving all documents and accounts to Austria, i.e., opening their main office there.

Cultural Factors

Austrians do not require personal relationships or acquaintances to do business with non-residents. They are generally reserved, direct, and formal people.

They may engage in casual conversation in the office, but mostly they are serious and focused on achieving their business goals and tasks.

A Little More About GmbH

Each business form has its own advantages and disadvantages, and it depends on the profitability of the business.

Requirements for registration and capital vary. In most cases, these factors depend on the residency of the founder and the planned business activity.

A GmbH is a legal entity with its own representation. Shareholders are not personally liable for the company’s obligations.

However, there are exceptions related to the payment of capital contributions by partners and their joint liability for contributions by others, and their return in case of bankruptcy.

To start operations, you need to get confirmation from the Chamber of Commerce. You must submit a completed NeuFö2 form, available electronically on the Austrian Ministry of Finance’s website.

First, it is approved by the Economic Chamber, and then the document is submitted to the Chamber of Commerce. This applies to both the creation of a company and the re-registration of an existing business.

If certain requirements are met, you will not have to pay the following fees and taxes:

  • Special administrative and stamp duties.
  • Property transfer tax.
  • Fees for registration in the Commercial and Land Registers.
  • Capital transactions tax (1% of the nominal amount).

Throughout the year, the government compensates established additional expenses for salaries and social insurance.

Depending on the requested benefits, companies must obtain permission from specific government bodies (such as the Chamber of Commerce or the Social Security Organization). This permission confirms that the application form mentioned above is duly completed and certified.

How to Notarize the Company’s Charter or Establishment Statement?

The notarized charter should include:

  1. Names of the founders.
  2. Residency.
  3. Scope of activities.
  4. Capital and initial contribution of each shareholder.

The notarization period may range from 2 to 5 days, but usually takes the minimum time. The cost will depend on the declared share capital and should be agreed upon with a lawyer.

Minimum Share Capital Contribution to the Bank

The fee for services depends on the bank and ranges from 0 to 30 euros.

Company Registration in the Local Court (Handelsgericht)

To apply for the registration of an Austrian limited liability company, the following documents are required:

  • Notarized declaration of establishment.
  • Charter.
  • Statement that the required amount of the main deposit has been paid in cash. This document is certified by the banker’s signature.
  • Proof that managing directors do not owe anyone anything — i.e., confirmation of no court orders against their names.
  • Signatures of managing directors.
  • Confirmation from tax authorities that the capital transaction tax has been paid.

If the court representatives have doubts about the company name, they may request an opinion from the Chamber of Commerce. GmbH begins its existence after registration in the Commercial Register.

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The fixed fee for submitting an application is 32 euros. An additional individual service charge applies depending on the information provided.

Registration with the Tax Office (Obtaining VAT Number)

The Commercial Register automatically notifies the tax authorities about new company registrations. Consequently, tax authorities require their founders to complete a special file.

There is no sample of this form available online. Several forms are printed, completed, and mailed simultaneously.

Attached documents include: charter, description of the contributed share capital, an extract from the State Register, identification of directors, and signatures of all legal representatives.

The VAT number is usually provided simultaneously with the identification code. The legal deadline for obtaining them is one month. Tax authorities often conduct an introductory visit to companies intending to engage in commercial activities.

Registration (Gewerbeanmeldung) with the Chamber of Commerce (Bezirksverwaltungsbehörde)

If activity permits are required, company registration takes more time. All requirements and competencies of the authorities must be considered.

For example, opening a company for hazardous goods requires confirmation from a special qualification commission, as well as subsequent approval and control of the production site. The company can be registered in person, by mail, or online.

Employee Registration for Social Security Benefits

After registering the company with the Chamber of Commerce, each employee must apply for a special number (Dienstgeberkontonummer). This can be done electronically using ELDA (data transfer interface to the state health insurance office).

In practice, the employer requests a new account number for each new employee. On the state level, they are registered with the general health fund.

Health insurance is mandatory: each employee must electronically queue no later than the day of employment. If the company is not registered in ELDA, this must be done.

Registration can also be done by mail or fax. Moreover, the employer extends mandatory health insurance for each employee independently.

After registration with the mandatory health insurance institution, the employee is automatically covered for accidents and contributes to the pension fund according to the law. No additional documentation is required.

Registration with the Municipality

The municipality charges municipal taxes on all businesses. Additionally, certain actions (such as organizing a public event) may involve specialized stamp duties or other minor fees and taxes.

Registration will cost around 450 euros, although all expenses may vary by 10-15% of the share capital.

What is an Austrian Corporation (AKTIENGESELLSCHAFT — AG)

Like a GmbH, AG is a legal entity with limited shareholder liability. Shares of the company can be transferred without notarization. Special entries in the Commercial Register are not required.
The minimum share capital for a company is 70,000 euros. The initial contribution must be at least 35,000 euros. The company structure includes a supervisory board (Aufsichtsrat) and an executive board (Vorstand).

What is an Austrian Partnership?

Several forms of partnership are available in Austria, namely:

  • Foreign branches — GmbH and AG with a registered office abroad can open branches in Austria.
  • Outsourcing — carried out through a registered employer GEO.

Should You Register Your Company in Austria?

The answer is clear: definitely register it. You can ask our managers about what kind of organization to create. They will be happy to answer all your questions. Contact them using the phone numbers listed on our website or leave your contact details in the application form.

Also Read: Where to Register a Foreign Company: Choosing a Jurisdiction

In general, you have many options for registering a company in Austria. For example, if you plan to hire local staff, it’s worth deciding whether you will manage them yourself or through a Global Employment Organization. This is crucial for calculating salaries, making insurance payments.

By contacting us, you won’t have to handle these issues alone, wasting your money, time, and nerves. We will help you:

  • quickly open an office;
  • stay within your budget;
  • open a branch or representative office in Austria;
  • address issues related to taxation, employment, immigration, and payroll.

We offer not only company registration in any country but also the purchase of ready-made companies. We tailor each enterprise to meet your business needs and select the most suitable one. You can verify the honesty and crystal-clear status of any company we offer yourself through public registers. You will see that the company has no debts to the government or creditors, but has an open bank account, a good reputation in the European market, and recognition.

Among the many advantages of Austrian jurisdiction, there is one downside. The rules for hiring staff in the country are among the most complex in Europe. Therefore, you will need an intermediary like us.

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