Doing Business in Austria
Would you like to set up a company in Austria, but don't know exactly where to start? You've come to the right place to get a good overview of the necessary steps and different legal forms in Austria.
Legal forms of companies in Austria
The choice of the appropriate legal form in Austria depends on various factors, including the planned turnover and the willingness to take risks.
The most common legal forms include sole proprietorships (e. U.), limited liability companies (GmbH), general partnerships and limited partnerships (OG and KG). It should be noted that certain legal forms may only make sense in specific circumstances or appear more suitable for larger companies. INVEST in AUSTRIA will be happy to provide you with sound advice on this topic free of charge.
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Sole proprietorship
This legal form is often chosen by freelancers or people who set up their own business and manage the company independently. Sole proprietors are personally liable to the full extent. The decision between the various legal forms, including the NeuFöG or the "small business regulation", is in the hands of the sole proprietor. A particularly positive aspect of this legal form is that it entails lower management and administration costs.
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Partnerships
These formats enable a flexible agreement between the partners without the obligation to raise a certain amount of equity. The most common forms are general partnerships (OGs) and limited partnerships (KGs). A civil law partnership (GesbR) is ideal for combining two or more companies for a limited period of time to achieve a specific goal, while a dormant partnership (stG) entitles you to a share of the profits or losses without being officially associated with the company.
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Capital company
These legal forms require a certain amount of equity capital on formation, which usually limits liability. The most common format is the limited liability company (GmbH). A stock corporation (AG) exists when a company is active on the stock exchange. A Societas Europea (SE), on the other hand, only makes sense if you want to operate a company in several EU countries.
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Other legal forms (associations, cooperatives and foundations)
With the exception of the private foundation, these legal forms are usually chosen for non-profits such as cooperatives and charitable organisations. A distinction is made between associations, profit and business co-operatives.
The limited liability company (GmbH)
The most popular legal form in Austria
The Austrian Business sector offers different possibilities for starting your own company. The most popular legal form in this country is GmbH. In the following chapter you will find all the necessary steps on how to establish a limited liability company in Austria.
Further advantages of this legal form are:
- Limited liability of the shareholders in accordance with the share capital.
- The possibility of founding a GmbH as an individual and acting as managing director at the same time.
- Less formalism and administrative effort compared to an AG.
More details on the limited liability company
Do you have any questions? Simply contact us!
How to set up a GmbH in Austria.
FlexCo: New corporate form for Austrian start-ups
On 1 January 2024, the "Flexible Kapitalgesellschaft" (FlexCo for short) was introduced in Austria as a new legal form that is specifically geared towards the needs of start-ups.
This is part of the Austrian federal government's start-up package to promote young companies.The new corporation is a mixture of a limited liability company (GmbH) and a small public limited company (AG). Most of the provisions originate from the law of the GmbH, whose rules also apply on a subsidiary basis. Individual provisions from stock corporation law are added.
In addition to the simplification and streamlining of the provisions, the focus is on employee participation in the success of the company - an important point for young companies that want to retain their highly sought-after specialists.
A FlexCo can be founded by one or more people. In order to ease the financial burden on the founders, the share capital of the FlexCo is reduced to €10,000, of which at least €5,000 must be paid in. Similarly, the minimum corporation tax, which is based on the share capital, has been reduced to €500. The share capital contribution per shareholder has also been reduced - for FlexCo this is €1 instead of the €70 previously required for GmbHs.
Further information on FlexCo
Further useful information on setting up a FlexCo can be found here.
6 Tips for your successful start in the Austrian business environment
Are you looking to expand in Austria? With a location in Austria, you not only open up new markets but also build networks in the heart of Europe and secure valuable know-how from Austrian stakeholders for your business. We support you in the preparation of your next entrepreneurial step – with the best tips for establishing your company in Austria.
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Tip 1: Get an overview of the market
A good market overview concentrates on key factors i.e., market size and potential, market trends and in particular a detailed analysis of the competition. Other important questions that should be taken into account include wage costs, real estate prices, operating expenses, industry clusters, availability of skilled workers and funding options. The experienced team at ABA - INVEST in AUSTRIA will support you on all relevant matters.
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Tip 2: Develop a strategy and business plan
Those venturing into Austria need more than a good product and the desire for entrepreneurial growth: A business plan is also an essential tool for a successful undertaking and offers the opportunity to convince potential investors. The basis is specifically considering which business activities are planned in the new business location and to what extent. What is done at headquarters in the country of origin and what will be done in the new foreign subsidiary? How are sales, production, marketing as well as research and development structured? Our advice is for you to consider your expansion to Austria as a project similar to establishing a new company.
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Tip 3: Clarify the Austrian tax conditions
Companies that operate in Austria are subject to a uniform corporate tax. This tax was reduced to 23% in 2024. Other tax burdens which normally exist in other countries such as the trade tax, property tax or inheritance tax are not levied in Austria.
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Tip 4: Choose the location in Austria carefully
Austria has a total of nine federal states specialising in different sectors. INVEST in AUSTRIA will help you find the right location and support you in the search in cooperation with the regional investment promotion agencies.
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Tip 5: Ensure expert advice
Establish contact with key stakeholders in a timely manner before implementing your expansion project and seek advice only from experts. Their specialised know-how should encompass not only Austria but your country of origin as well. There is a specialised terminology in each country, for example when it comes to administrative law. It would be better to check things once more! INVEST in AUSTRIA will be happy to support you by providing the right contacts.
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Tip 6: Make use of Austrian e-Government services
Austria offers companies the Business Service Portal, namely a possibility to simply have administrative steps processed online. Accordingly, you can not only establish a company online but also fill out digital forms, move to a new location and handle financial matters. You can register and use the portal at no cost.
Downloads for Starting a Business
Checklist for establishing a limited liability company (GmbH): A step-by-step guide to your GmbH in Austria.
Checklist for establishing a branch office by a foreign representative (sole proprietorship, partnership or corporation): All the steps required to launch your branch office.
Downloads for setting up a company: Find more useful information about starting a business here.
Checklist for formation of branch office.
Important terms for companies and corporations
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Partnership agreement
The articles of association form the basis for companies, corporations and associations and define the framework conditions for the rights and obligations of the partners.
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Shareholders' resolution
If this has not already been done in the articles of association, the partners appoint the managing director(s) in the shareholders' resolution.
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Bank confirmation
If the legal form you have chosen requires equity capital at the time of formation, you must submit a confirmation from your bank.
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Company register
The company register is a list of all Austrian companies and defines their legal status. Regardless of whether you are an OG, KG, GmbH, AG, cooperative or an SE: You must register immediately after incorporation.
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Social insurance for employees
If you plan to hire employees right from the start, they must be insured with the Austrian Health Insurance Fund (ÖGK) from the time the company is founded.
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Municipal tax
If you employ staff, you must inform your city or municipality. Your tax advisor can do this for you.
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Business premises law
If your business requires a specific location (e.g. a restaurant), you will need additional permits.
Any questions about establishing a branch office in Austria?
As experienced experts with an excellent knowledge of the market, we are at your disposal to assist you with every step involved in setting up your company in Austria, and we will link you to the experts you need.