Company Formation & Entity Setup in Austria
GmbH, FlexKapG and AG incorporation, Firmenbuch registration, and notarial formalities for share capital and Articles of Association.
Currency
EUR
Legal forms
GmbH · AG · FlexKapG (FlexCo, since 2024)
Minimum share capital
GmbH: €10,000 (€5,000 cash) reduced variant since 2024 · €35,000 standard variant · AG: €70,000
Registration body
Firmenbuch (Commercial Register), administered by the regional Commercial Courts (Landesgerichte)
Formation timeline
3–6 weeks for a standard GmbH (notarised formation, capital deposit, Firmenbuch entry)
Corporate tax rate
23% flat (minimum CIT: €500/year standard GmbH, €500/year reduced-capital GmbH billed at €125/quarter)
How company formation works in Austria
Austria applies a flat 23% corporate income tax rate, unchanged since 2024 after a phased reduction from 25%, alongside a 20% standard VAT rate and employer social security contributions of 20.98% of gross salary under the ASVG system. Dividends are subject to 27.5% withholding tax (23% where the recipient is a corporation), reducible under double tax treaties. A GmbH can be formed with a reduced minimum share capital of €10,000 (€5,000 paid in cash) since 2024, or the standard €35,000 (€17,500 paid in) variant; an AG requires €70,000.
Discuss your Austria market-entry structureMatched to your business objective
GmbH
The standard vehicle for an operating subsidiary of a foreign company — the default choice for most market-entry engagements in Austria.
AG
Used for larger operations, more formal governance needs, or entities seeking to raise capital publicly.
FlexKapG (FlexCo, since 2024)
Used for larger operations, more formal governance needs, or entities seeking to raise capital publicly.
Branch
Useful for testing the Austria market before committing to a subsidiary, or for keeping a single legal entity across borders. Creates a taxable presence — profits are generally taxed in Austria.
Representative office
For market research and liaison activity only — cannot sign contracts, invoice, or trade locally in most jurisdictions.
What it takes to register, and how long
Formation runs through the Firmenbuch (Commercial Register), administered by the regional Commercial Courts (Landesgerichte), typically taking 3–6 weeks for a standard GmbH (notarised formation, capital deposit, Firmenbuch entry).
- Asymmetric loss recapture in Gruppenbesteuerung — — foreign subsidiary losses offset immediately against Austrian taxable income are clawed back and taxed once the subsidiary turns profitable or leaves the group
- First-tier-only foreign inclusion — — only directly held (>50%) foreign subsidiaries resident in the EU or in states with a comprehensive administrative assistance agreement with Austria qualify for the tax group
- No statutory minimum wage — — pay floors are set by roughly 95% sector-level collective agreements (Kollektivverträge), each with its own entry-level minimum, paid over 14 instalments per year
- 14 salary payments — — 13th (Christmas) and 14th (holiday) month payments are mandatory under virtually all collective agreements, affecting payroll cash-flow planning and pro-rating for new hires and leavers
Frequently asked questions
Talk to a Austria formation expert
Companies structuring Austria as a regional holding or operating hub should model the group-taxation recapture liability from day one, not only the day-one deduction — and should budget payroll planning around Austria's sector-bargained wage floors rather than a single statutory number.