Austria Company Formation

Austria is a popular jurisdiction for company formation, especially for non-residents. It offers a stable economy, strategic location in Europe, and a reputable legal system. While not the cheapest, Austria provides a good balance of cost and benefits, making it economically attractive for international businesses.

  • Prestigious jurisdiction for company formation, especially GmbHs for non-residents.
  • Local representation recommended.
  • Registration takes 2-4 weeks.

Austria Company Formation. Austria LLC Main Characteristics and the basic rules of a Company registration in Austria

Austria, a stable and prosperous European jurisdiction, offers a compelling environment for entrepreneurs and businesses looking to expand their reach. Its strategic location, robust economy, and skilled workforce make it an attractive destination for Austria company formation, especially for non-residents. This guide provides a detailed overview of the process, benefits, and considerations involved in establishing a company in Austria as a non-resident.

A Comprehensive Guide for Non-Residents to Register a Company in Austria

Why Choose Austria for Company Formation? Benefits and Advantages for Non-Residents:

Austria presents numerous advantages for non-resident entrepreneurs seeking to establish a business presence:

  • Strategic Location: Situated in the heart of Europe, Austria provides easy access to key markets in Western and Eastern Europe.
  • Stable Economy: Austria boasts a strong and stable economy with a high standard of living, offering a secure and predictable business environment.
  • Skilled Workforce: The country has a highly educated and skilled workforce, ensuring access to qualified employees.
  • EU Membership: As a member of the European Union, Austria benefits from free trade agreements and access to the EU single market.
  • Favorable Tax Regime: Austria offers a competitive corporate tax rate and various tax incentives for businesses.
  • Strong Legal Framework: The Austrian legal system is well-established and transparent, providing a secure and predictable environment for businesses.
  • High Quality of Life: Austria consistently ranks high in quality of life surveys, making it an attractive place to live and work.
  • Reputation and Credibility: An Austrian company enjoys a strong reputation and credibility, enhancing its standing in international markets.
Types of Companies Suitable for Non-Residents:

Several types of companies are available for Austria company formation, each with its own characteristics and requirements. The most common types for non-residents include:

  • GmbH (Gesellschaft mit beschränkter Haftung) – Limited Liability Company: This is the most popular choice for small and medium-sized enterprises (SMEs). It offers limited liability for shareholders and requires a minimum share capital of €35,000 (with €17,500 to be paid up initially).
  • AG (Aktiengesellschaft) – Joint Stock Company: This type of company is suitable for larger businesses and requires a minimum share capital of €70,000.
  • Branch Office (Zweigniederlassung): A branch office is an extension of a foreign company and is not a separate legal entity. It is relatively easy to set up but the parent company remains fully liable for its activities.
Pros and Cons of Austria Company Formation for Non-Residents:

While Austria offers numerous advantages, it’s important to consider the potential drawbacks:

Pros:

  • Access to the EU market
  • Stable and predictable business environment
  • Skilled workforce
  • Favorable tax regime
  • Strong legal framework
  • High quality of life

Cons:

  • Relatively high labor costs
  • Bureaucracy can be complex
  • Language barrier (German is the official language)
  • Initial capital requirements for GmbH and AG
Requirements for Company Registration in Austria:

The requirements for Austria company formation vary depending on the type of company being established. However, some common requirements include:

  • Company Name: A unique and legally compliant company name.
  • Registered Office: A physical address in Austria for the company’s registered office.
  • Shareholders: Details of the shareholders, including their names, addresses, and shareholdings.
  • Managing Directors: Appointment of managing directors who are responsible for the day-to-day management of the company.
  • Articles of Association: A document outlining the company’s purpose, structure, and rules.
  • Notarization: The articles of association must be notarized by an Austrian notary
Procedure for Austria Company Formation:

The Austria company formation process typically involves the following steps:

1. Choosing a Company Name: Conduct a name search to ensure the desired name is available and complies with Austrian regulations.
2. Drafting the Articles of Association: Prepare the articles of association, outlining the company’s purpose, structure, and rules. This document requires careful consideration and legal expertise.
3. Opening a Bank Account: Open a business bank account in Austria to deposit the required share capital.
4. Notarization: The articles of association must be notarized by an Austrian notary. This step is crucial for legal validity.
5. Registration with the Commercial Court (Handelsgericht): Submit the necessary documents to the Commercial Court for registration. This includes the notarized articles of association, proof of share capital deposit, and details of shareholders and managing directors.
6. Registration with the Tax Office (Finanzamt): Register the company with the tax office to obtain a tax identification number (Steuernummer) and a VAT identification number (UID-Nummer).
7. Registration with the Social Security Authority (Sozialversicherung): Register the company with the social security authority to ensure compliance with social security obligations for employees.
8. Business License (Gewerbeschein): Depending on the nature of the business, a business license may be required. This involves registering with the local authorities and fulfilling specific requirements.

Timeframe for Austria Company Formation:

The timeframe for Austria company formation can vary depending on the complexity of the company structure and the efficiency of the administrative processes. Generally, it takes approximately 2-4 weeks to complete the registration process, from initial consultation to final registration with the Commercial Court. This timeframe can be longer if there are delays in obtaining necessary documents or if the company structure is particularly complex.

How We Can Help You with Our Professionals:

Navigating the complexities of Austria company formation can be challenging, especially for non-residents unfamiliar with Austrian laws and regulations. Our team of experienced professionals can provide comprehensive support throughout the entire process, ensuring a smooth and efficient establishment of your business in Austria.

We offer a range of services, including:

  • Company Formation Consulting: We provide expert advice on the most suitable company structure for your business needs, taking into account your specific goals and objectives.
  • Name Search and Reservation: We conduct thorough name searches to ensure the availability of your desired company name and reserve it on your behalf.
  • Drafting of Articles of Association: Our legal experts draft comprehensive and legally compliant articles of association tailored to your company’s specific requirements.
  • Assistance with Bank Account Opening: We assist you in opening a business bank account in Austria, guiding you through the necessary documentation and procedures.
  • Notarization Services: We arrange for the notarization of your articles of association by a qualified Austrian notary.
  • Registration with Authorities: We handle the registration process with the Commercial Court, Tax Office, and Social Security Authority, ensuring compliance with all legal requirements.
  • Business License Application: We assist you in obtaining the necessary business licenses for your specific industry.
  • Ongoing Support: We provide ongoing support and advice on legal, tax, and accounting matters to help your business thrive in Austria.
  • Virtual Office Services: We offer virtual office services, providing a registered business address and mail handling services.

By partnering with us, you can benefit from our expertise and experience in Austria company formation, saving you time, money, and potential headaches. We are committed to providing personalized and professional services to help you achieve your business goals in Austria. Contact us today to discuss your specific needs and learn how we can assist you in establishing your company in Austria. We are your trusted partner for successful Austria company formation.

FAQ: Tax Rates in Austria

1. What is the corporate tax rate for businesses in Austria?
The corporate tax rate for a GmbH (limited liability company) in Austria is 25% on all corporate profits. This rate applies to the net income after allowable deductions.

2. How does the income tax system work in Austria?
Austria employs a progressive income tax system with four tax bands, ranging from 0% to 50%. This means that the tax rate increases with higher income levels, ensuring that individuals pay tax according to their financial capacity.

3. What is the standard VAT rate in Austria?
The standard Value Added Tax (VAT) rate in Austria is 20%. This tax is applied to most goods and services, contributing to the country’s overall tax revenue.

4. Are there any exemptions or reduced VAT rates in Austria?
Yes, Austria has reduced VAT rates for specific goods and services, such as a 10% rate for certain food items and a 13% rate for accommodations. Certain industries may also be exempt from VAT altogether.

5. How can individuals and businesses find more information on tax compliance in Austria?
Individuals and businesses can refer to the official website of the Austrian Federal Ministry of Finance for detailed guidance on tax regulations, compliance procedures, and available resources. Consulting with a tax advisor is also recommended for personalized assistance.

FAQ: Main Questions About Company Formation in Austria

1. What are the advantages of forming a company in Austria?

Forming a company in Austria offers several advantages, including a stable economy, a strategic location in Europe, and a highly skilled workforce. Austria has favorable tax rates, particularly for small businesses, and access to EU markets provides additional opportunities for growth. Additionally, the country boasts a solid legal framework that protects foreign investors.

2. What types of companies can non-residents establish in Austria?

Non-residents can establish various types of business entities in Austria, including:

  • Limited Liability Company (GmbH): This is the most popular choice for small and medium-sized enterprises.
  • Joint Stock Company (AG): Suitable for larger businesses that may seek to publicly trade shares.
  • Sole Proprietorship: This can be established by EU residents and requires minimal formalities.
  • Branch Office: Non-residents can also set up a branch of their existing foreign company.

3. What are the requirements for company formation in Austria?

To form a company in Austria, you must meet the following requirements:

  • A registered office in Austria.
  • A business plan detailing the activity and structure.
  • At least one director, who can be a non-resident.
  • For GmbH, a minimum capital of €35,000, of which €17,500 must be paid up front.
  • Registration with the local Commercial Register.

4. Are there any restrictions on foreign ownership in Austria?

In general, there are no restrictions on foreign ownership of companies in Austria. Non-residents can own 100% of a company. However, certain regulated sectors, such as banking or telecommunications, may require additional licenses and compliance with specific regulations.

5. What is the process for registering a company in Austria?

The process for company registration in Austria involves:

  • Choosing a company name and ensuring its availability.
  • Preparing necessary documentation, including articles of association.
  • Opening a bank account to deposit minimum capital.
  • Submitting registration forms to the Commercial Register.
  • Obtaining a tax ID and registering for VAT if applicable.

This publication is provided for information purposes only. This info should not be treated as a substitute for a tax or legal consultation or legislation. You should not act on the basis of the information contained in this publication without having obtained individual advice from the professional expert.

BRIS GROUP does not assume responsibility for any damage resulting from decisions made by the reader on the basis of this publication.

About Austria

Country: Austria

Capital: Viena

Continent: Europe

Language: Austrian German

Currency: Euro

Time Zones: GMT +1

Dial Code: +43

Abbreviations: AT

Helping Your Company Thrive in Austria With us, starting and running a business in Austria will be easy and efficient!

  • Full support of the company’s registration in Austria: from the preparation of documents to their submission.
  • Remote registration: all processes are online, wherever you are.
  • Secretary and Treasurer: we can take on these important roles.
  • Nominal directors and shareholders: we will ensure the confidentiality of your information.
  • Help in opening a bank account: we will simplify this complex process.
  • Registration for taxes, VAT and EORI: ensure all requirements are met.
  • Website development: we will create a professional online representation for your business.
  • Logo creation: we will design a unique and memorable logo for your brand.
  • Full administrative support of the company: we will take over routine tasks.
  • Mailing address organization: we provide a reliable mailing address for your business.
  • Organization of the virtual office: we will ensure the professional image of your company.
  • Telephone answering service: we will answer calls on behalf of your company.
  • Accounting, audit and reporting: ensure accurate and timely accounting.
  • Preparing and filing a VAT declaration: let’s save you the trouble.
  • Interaction with local authorities: take over communication with state institutions.
  • Trademark registration: protect your brand.

Our team of consultants are here to take you through the process.