Austrian Company Formation: The Essential Requirements

Additional Practical Resources for Dutch Company Formation

Business Formation

Bookkeeping

Tax Filing

Check Our Promotion!

Reference Case Study

Reference Case Study OYO

Case Study Metaxas

Planning to grow your company and enter the Austrian market?

For non-EU businesses hailing from countries like India, China, the UK, or the US, expanding into the European Union presents an incredibly enticing opportunity. Austria, with its strategic location in the heart of Europe, offers a unique combination of stability, innovation, and access to broader EU markets.

By establishing a branch in Austria, you gain access to a sophisticated consumer base and a gateway to over 450 million people across 27 EU countries, all while benefiting from Austria's business-friendly policies and high quality of life.

The relatively low cost of entry, coupled with Austria's strong infrastructure and skilled workforce, allows you to test your products or services in a diverse yet interconnected market without breaking the bank.

Moreover, Austria's modern technology landscape and EU-wide standardization make it easier than ever to manage your branch remotely, ensuring you maintain control over operations while reaping the benefits of local presence.

For those considering investing in Austria, understanding the intricacies of company formation is crucial. This guide explains the key aspects of setting up a business in this dynamic market, including the Austrian business culture, legal entities available to foreign investors, and the tax system.

It also explores the startup ecosystem, funding options, and government incentives that make Austria an attractive destination to start or expand a business.

Why is Austria an Ideal Gateway to Central Europe?

When it comes to launching a business in Central Europe, Austria stands out as a prime location. Let's examine the facts that make Austria an excellent choice for savvy entrepreneurs:

Corporate Tax Rates

  • Austria: 24% (reduced from 25% in 2023)
  • Germany: 15% (federal) corporate tax + 5.5% solidarity surcharge + State taxes
  • Switzerland: 11.9% - 21.6% (varies by canton)
  • Czech Republic: 19%
  • Slovakia: 21%

Austria offers a competitive corporate tax rate, especially when considering its strategic location and business benefits.

Ease of Doing Business Ranking (World Bank)

  • Austria: 27th
  • Germany: 22nd
  • Switzerland: 36th
  • Czech Republic: 41st
  • Slovakia: 45th

Austria performs well in this ranking, showcasing its business-friendly environment.

Startup Ecosystem Ranking (StartupBlink)

  • Austria: 34th globally
  • Germany: 9th
  • Switzerland: 30th
  • Czech Republic: 42nd
  • Slovakia: 53rd

While not the highest-ranked, Austria's startup scene is growing rapidly, offering significant opportunities for new ventures.

English Proficiency Index

  • Austria: 15th in Europe
  • Germany: 11th
  • Switzerland: 19th
  • Czech Republic: 23rd
  • Slovakia: 25th

Austria boasts high English proficiency, facilitating smooth communication for international businesses.

But it's not just the statistics - Austria also offers intangible benefits like:

  • Strategic location at the crossroads of Western and Eastern Europe
  • Highly educated and skilled workforce
  • Strong focus on research and development
  • Excellent quality of life to attract and retain top talent
  • Robust infrastructure and digital connectivity

The bottom line is this: if you want to give your new business the best possible chance to thrive in Central Europe, Austria should be at the top of your list. This small but mighty country offers a unique combination of stability, innovation, and access to broader European markets.

By choosing Austria as your European base, you'll benefit from a business-friendly ecosystem, strategic location, and access to talent that can propel your company's growth across the continent. With its combination of practical advantages and innovative spirit, Austria offers a unique proposition for non-EU businesses looking to establish a strong foothold in the European market.

Strategic Location

Austria's central position in Europe makes it an ideal gateway for businesses seeking to expand their reach. Located at the heart of Europe, the country offers unparalleled access to both Western and Eastern European markets.

Within a 500 km radius of Vienna, companies can reach over 100 million consumers, while extending that radius to 1000 km encompasses most of the EU market.

This strategic location allows businesses to tap into a vast European market of 450 million consumers, all accessible within a short travel time.

Infrastructure and Connectivity

Austria boasts world-class infrastructure that facilitates seamless business operations. Vienna International Airport serves as a major hub for international travel and cargo, connecting Austria to global markets.

The country's extensive network of highways, railways, and waterways ensures efficient connectivity within Austria and to neighboring nations. The Danube River provides an important transportation route for goods across Europe.

Access to EU Market

As a member of the European Union, Austria offers businesses significant advantages in accessing the EU market. The country benefits from free trade within the EU, which has led to increased economic growth and investment opportunities.

This membership allows Austrian companies to leverage the power of the EU's internal market, creating more trade and investment opportunities. The adoption of the euro further facilitates trade by eliminating currency exchange risks for businesses operating within the eurozone.

Funding and Financial Support

Funding and Financial Support

Austria offers a robust financial ecosystem for entrepreneurs seeking to establish or expand their businesses. Austrian banks and financial institutions provide various financing options tailored to the needs of startups and scale-ups. These include lending, working capital solutions, equipment leasing, factoring, trade finance, and export finance.

The government has implemented schemes to promote finance for SMEs, aiming to generate new funding opportunities and support business growth

Government Grants and Subsidies

The Austrian government actively supports entrepreneurship through various grants and subsidies. Key initiatives include:

  • AWS (Austria Wirtschaftsservice): Offers a range of funding programs for startups and innovative companies.
  • FFG (Austrian Research Promotion Agency): Provides funding for research and development projects.
  • BMDW (Federal Ministry for Digital and Economic Affairs): Offers various support programs for businesses, including digitalization initiatives.

Venture Capital and Angel Investors

Austria boasts a growing ecosystem of venture capital firms and angel investors. The Austrian Private Equity and Venture Capital Organization (AVCO) plays a crucial role in connecting investors with promising startups.

Prominent venture capital firms like Speedinvest and aws Gründerfonds provide substantial investments in high-growth startups, particularly in technology, health, and fintech sectors.

Early-stage investments typically range from €50,000 to €2 million, while growth-stage funding can reach between €5 million and €50 million.

Innovation Ecosystem and R&D

Research Institutions and Universities

Austria boasts a robust network of research institutions and universities that drive innovation. The Austrian Institute of Technology (AIT) stands out as the country's largest non-university research institute, focusing on the key infrastructure issues of the future.

Universities like the Technical University of Vienna and the University of Vienna are at the forefront of cutting-edge research across various fields.

Public-Private Partnerships

Public-private partnerships (PPPs) play a crucial role in the Austrian innovation landscape. The COMET (Competence Centers for Excellent Technologies) program is a prime example, fostering collaboration between science and industry.

These partnerships contribute to sustainable development goals and address challenges in various sectors, including digital technologies, life sciences, and sustainable energy.

Innovation Hubs and Incubators

Austria has cultivated a thriving startup culture, supported by numerous innovation hubs and incubators. Notable examples include:

  1. Startup Hub Vienna: A central platform for the Viennese startup ecosystem.
  2. weXelerate: One of the largest innovation hubs in Central and Eastern Europe.
  3. Science Park Graz: Supports academic spin-offs and technology-oriented startups.

These hubs provide critical tools and support for companies to grow within and beyond the Austrian ecosystem, contributing to the country's position as an emerging startup hotspot in Europe.

Corporate Income Tax

Based on the information provided by the Austrian Federal Ministry of Finance, here's an overview of the corporate tax rates in Austria and neighboring countries:

  • Austria: 24% (reduced from 25% in 2023)
  • Germany: 15% (federal) corporate tax + 5.5% solidarity surcharge + State taxes
  • Switzerland: 11.9% - 21.6% (varies by canton)
  • Czech Republic: 19%
  • Slovakia: 21%

Competitive Rates

Austria's corporate tax rate is competitive within the region, especially considering the country's strategic location and business benefits.

Economic Strategy

The recent reduction in the corporate tax rate from 25% to 24% is part of Austria's strategy to attract foreign investment and stimulate economic growth.

Innovation Incentives

Austria offers various tax incentives for research and development activities. Companies can benefit from a research premium of 14% on eligible R&D expenses, making Austria an appealing destination for technology-driven enterprises.

Attracting Investment

By offering competitive tax rates and incentives for innovation, Austria aims to attract foreign investment, foster entrepreneurship, and create a favorable environment for business growth.

Global Competitiveness

With global competition for investment intensifying, maintaining competitive corporate tax rates is crucial for Austria to remain an attractive destination for businesses seeking to establish or expand their operations in Central Europe.

In summary, Austria has strategically designed its tax system to attract investment, promote innovation, and stimulate economic growth, positioning itself as a competitive and appealing location for businesses of various sizes and industries.

Withholding Taxes

Dividends from Austrian companies are generally subject to a 27.5% withholding tax. However, exemptions exist for qualifying corporate dividends, particularly within the EU or treaty countries. Austria has implemented the EU Parent-Subsidiary Directive, which can result in a reduction or elimination of withholding tax on dividends paid to qualifying EU parent companies.

Key Industries and Sectors

Austria has established itself as a hub for various thriving industries, offering entrepreneurs a fertile ground for innovation and growth.

Technology and Innovation

The Austrian tech sector has emerged as a Central European powerhouse, with cities like Vienna, Graz, and Linz becoming hotbeds of innovation. The government's investment in research and development, coupled with a highly educated workforce, has paved the way for advancements in AI, data science, cybersecurity, and green tech solutions.

Life Sciences and Health

Austria is home to a thriving life sciences sector, with a particular focus on biotechnology and medical devices. The country hosts numerous research institutions and companies working on cutting-edge medical technologies and pharmaceutical developments.

Automotive and Mobility

Austria has a strong automotive industry, with a focus on sustainable mobility solutions. The country is home to several automotive suppliers and is at the forefront of developing electric and autonomous vehicle technologies.

Government Incentives and Support

Tax Incentives

Austria offers a competitive tax environment to attract foreign investors. The country provides various tax incentives, including:

  • Research Premium: A 14% tax credit on eligible R&D expenses.
  • Group Taxation: Allows for the offsetting of losses within a group of companies.
  • Special depreciation rules for certain assets.

Innovation Subsidies

To foster innovation, the Austrian government has implemented various subsidies. The Austrian Research Promotion Agency (FFG) offers a range of funding programs for research and innovation projects. The Austria Wirtschaftsservice (aws) provides financial support for startups and SMEs, including grants, guarantees, and loans.

Red-White-Red Card

Austria has introduced the Red-White-Red Card to attract qualified workers from non-EU countries. This program facilitates immigration for highly skilled workers, making it easier for companies to recruit international talent.

Understanding Austrian Labor Laws

Employment Contracts

In Austria, employment contracts are agreements between employers and employees that outline the conditions of employment. These contracts can be fixed-term (temporary) or indefinite (permanent). Employers must provide clear information on key employment conditions, including job description, working hours, salary, and leave entitlements.

Crowdfunding platforms have gained popularity, allowing businesses to raise funds from a large number of individuals, often in small increments, in exchange for early access to products or other rewards. Government grants and subsidies can also be viable options, especially for startups focusing on innovation or sustainable practices. Moreover, our expertise extends to assisting clients in preparing compelling business plans and financial projections that enhance their chances of securing funding. By leveraging our comprehensive knowledge of the funding landscape, businesses can make informed decisions that align with their growth strategies and financial needs.

Working Hours and Leave

The standard Austrian working week is 40 hours, with provisions for overtime. Employees are entitled to various types of leave, including annual leave (typically 25 working days per year), sick leave, and maternity/paternity leave.

Social Security and Benefits

The Austrian social security system is comprehensive, covering health insurance, pension insurance, accident insurance, and unemployment insurance. Both employers and employees contribute to the social security system. EU and EEA citizens generally have the same rights as Austrian nationals, while non-EU nationals with residency permits may have some restrictions.

Legal Framework for Foreign Investment

Foreign Investment Laws: Austria maintains an open and welcoming stance towards foreign direct investment (FDI), offering a stable political climate and a developed economy. The country does not have specific FDI screening mechanisms, but certain sectors (e.g., banking, insurance) may require special licenses or approvals.

Intellectual Property Protection: Austria has a robust system for protecting intellectual property rights. Various forms of protection are available, including patents, trademarks, copyrights, and design rights. The country is a member of all major international IP treaties and conventions.

Dispute Resolution: The Austrian legal system provides efficient and accessible dispute resolution mechanisms. Civil proceedings follow the Austrian Code of Civil Procedure. For international commercial disputes, Austria is known for its arbitration-friendly environment, with the Vienna International Arbitral Centre (VIAC) being a popular choice for international arbitration.

Office Space and Industrial Parks

Austria offers diverse options for businesses seeking office space and industrial parks. Regional development agencies play a crucial role in assisting businesses in finding suitable locations. Major cities like Vienna, Graz, and Linz offer a range of office spaces, from traditional offices to modern co-working spaces.

Regional Development Initiatives

Austria has implemented various regional development initiatives to support businesses. Each of the nine federal states (Bundesländer) has its own business promotion agency, offering tailored support for businesses. These agencies provide assistance with location selection, funding opportunities, and networking.

Why Invest in Austria?

Economic Stability

Austria exemplifies economic stability, boasting a robust GDP and high per capita income. The country's strong sectors, including manufacturing, services, and tourism, contribute significantly to its economic prowess.

Innovation-Driven Economy

Austria is a thriving hub for innovation and entrepreneurship. The government actively supports innovation through initiatives like the Research Premium and various funding programs. The country's focus on R&D, particularly in sectors like life sciences and environmental technologies, makes it an attractive destination for innovative businesses.

Quality of Life

Austria consistently ranks high in quality of life indices. The country excels in areas such as healthcare, education, and environmental quality. Austrian cities, particularly Vienna, frequently top global livability rankings, contributing to high job satisfaction and productivity.

Understanding Austrian Business Culture

Formality and Punctuality

Austrian business culture tends to be formal and hierarchical. Punctuality is highly valued, and meetings are usually well-structured and efficient.

Consensus-Based Decision Making

While decision-making can be hierarchical, there's often a focus on building consensus. Meetings are crucial for discussion and decision-making, with all participants expected to contribute their expertise.

International Outlook

Austria's strategic location and strong ties to both Western and Eastern Europe give it a naturally international outlook. Many Austrian businesses have extensive experience in cross-border operations, particularly in Central and Eastern Europe.

Legal Entities for Foreign Investors

GmbH vs. AG

Foreign investors in Austria can choose between two main types of limited liability companies: the Gesellschaft mit beschränkter Haftung (GmbH) and the Aktiengesellschaft (AG).
The GmbH, similar to a private limited company, requires a minimum starting capital of €35,000. In contrast, the AG, comparable to a public limited company, demands a minimum starting capital of €70,000. Both entities offer limited liability protection, but the GmbH is generally more suitable for small and medium-sized enterprises.

Branch Office

Establishing a branch office in Austria is a straightforward process for foreign companies. A branch, while not a separate legal entity, must register with the Austrian Commercial Register. If the branch's activities meet the criteria of a permanent establishment, it becomes subject to Austrian corporate income tax and may have VAT obligations.

Partnership Structures

For entrepreneurs seeking more flexible structures, partnership options include the general partnership (OG) and the limited partnership (KG). These structures offer different levels of liability and management involvement, catering to various business needs.

Step-by-Step Company Formation Guide

1. Name Reservation
Choose a unique business name that complies with Austrian regulations. The name should not be misleading or similar to existing companies in the same sector. You can check name availability through the Austrian Business Service Portal (Unternehmensserviceportal).

2. Articles of Association
For a GmbH or AG, you'll need to draft and notarize the Articles of Association (Gesellschaftsvertrag). This document outlines the company's structure, purpose, and governance.

3. Bank Account Setup
Open a business bank account in Austria to deposit the required share capital. Major banks like Erste Bank, Raiffeisen Bank, and Bank Austria offer business account services.

4. Business Registration
Register your company with the Austrian Business Register (Firmenbuch) through the commercial court (Handelsgericht). This process typically takes about two weeks.

5. Tax Registration
Obtain a tax identification number from the Austrian tax authorities (Finanzamt). You'll also need to register for VAT if your annual turnover exceeds €35,000.

6. Trade License
Depending on your business activities, you may need to obtain a trade license (Gewerbeberechtigung) from the local trade authority (Gewerbebehörde).

Taxation and Financial Considerations

Corporate Income Tax
Austria has a flat corporate income tax rate of 24% (as of 2023), which is set to decrease to 23% in 2024. This competitive rate makes Austria an attractive location for businesses.

Group Taxation
Austria offers a group taxation regime, allowing for the offsetting of losses within a group of companies, which can be particularly beneficial for international corporations.

R&D Incentives
Austria provides generous R&D incentives, including a 14% research premium on qualifying R&D expenses, making it an attractive location for innovative companies.

Government Support for Foreign Investors

ABA - Invest in Austria

ABA - Invest in Austria, the national investment promotion agency, offers comprehensive support to foreign investors. Their services include:

  • Providing information on the Austrian business environment
  • Assisting with location selection
  • Connecting investors with local partners and authorities
  • Offering ongoing support for business expansion

Regional Development Agencies

Each of Austria's nine federal states has its own business agency, offering tailored support for businesses setting up in their region. These agencies can provide information on local incentives, real estate options, and networking opportunities.

Regulatory Compliance and Reporting

Annual Accounts

Austrian companies are required to prepare annual financial statements and submit them to the Business Register. The deadline for submission is typically nine months after the end of the financial year.

Audit Requirements

Medium and large-sized companies are legally required to have their annual financial statements audited by an independent auditor. The audit thresholds are based on balance sheet total, turnover, and number of employees.

Corporate Governance

While Austria doesn't have a formal corporate governance code for non-listed companies, good corporate governance practices are encouraged and often expected by stakeholders.

How House of Companies Supports Your Austrian Business Setup

At House of Companies, we specialize in simplifying the process of establishing your business in Austria. Our services include:

  1. Company Formation: We handle all aspects of company registration, from name reservation to business registration.
  2. Legal Compliance: Our experts ensure your business structure and operations comply with Austrian regulations.
  3. Tax Advisory: We provide guidance on Austria's tax system and help you optimize your tax strategy.
  4. Business Address Services: We can provide a registered business address in Austria if required.
  5. Ongoing Support: Our team offers continuous assistance as your business grows in the Austrian market.

FAQs on Business Formation in Austria

  1. What are the costs involved in setting up a GmbH in Austria?
    The total cost for setting up a GmbH typically ranges from €3,000 to €5,000, including notary fees, registration costs, and initial legal advice.
  2. Is Austria a good place to start a business?
    Yes, Austria is considered an excellent location for business due to its strategic position, stable economy, and supportive business environment.
  3. What is the minimum capital requirement for starting a business in Austria?
    For a GmbH, the minimum share capital is €35,000, with at least half to be paid in cash before registration.
  4. What steps are needed to establish a company in Austria?
    Key steps include choosing a company type, securing a business address, preparing necessary documents, depositing share capital, notarizing the Articles of Association, and registering with the Business Register.
  5. Do I need to be physically present in Austria to start a business?
    While not always necessary, it's often beneficial to be present for certain steps. House of Companies can assist with many processes remotely.

Register Your Company for €550 in Austria,
or Schedule a Consultation Today!

Thank You, we'll be in touch soon.

Entering The Austrian market

The House of Companies team brings over 12 years of expertise in helping businesses start up in Netherland.

Did you know that you can register a branch in Austria in just one day? Or that a notary isn’t required to complete the registration?

We ensure the opening of an IBAN payment account for all entrepreneurs using our Entity Portal to run their business in Austria.

Branch registrations in Austria are increasingly favored over forming a local entity like a GmbH. House of Companies is a leader in facilitating this streamlined option for global entrepreneurs. Reduce dependency on notaries and costly consultants—set up your Austrian business confidently with House of Companies!

Can I form a company in Austria even if I'm not a resident?

Let’s talk about your options

The Branch or the BV?

Let’s talk about your options

Absolutely! Our entity management service is here to guide you through the process of establishing a company in Austria, no matter your residency status.

With our expertise, you can seamlessly set up a branch or a local entity. We offer comprehensive support, including assistance with registration, documentation, and compliance requirements, ensuring a smooth entry into the Austrian market.

Don’t let residency requirements hinder your business ambitions. Contact us today to discover how we can facilitate your company formation in Austria, empowering you to expand your global reach with confidence!

Setting up a representative office can be an effective way to establish a presence in Austria without the need for full company formation.

A representative office serves as a liaison between your current company and potential clients or partners in Austria.

It allows you to conduct market research, build relationships, and explore business opportunities. While a representative office cannot engage in profit-generating activities, it provides a low-risk entry point into the Austrian market.

Subscribe to our newsletter

Stay updated with the latest news and exclusive offers. Subscribe to our newsletter for regular insights delivered to your inbox!

Thank You, we'll be in touch soon.
Austria