Company Formation & Entity Setup in Austria

GmbH, FlexKapG and AG incorporation, Firmenbuch registration, and notarial formalities for share capital and Articles of Association.

Austria Reviewed September 2026

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)

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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.

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Matched to your business objective

GmbH

Liability

Limited to company assets

Min. capital

GmbH: €10,000 (€5,000 cash) reduced variant since 2024 · €35,000 standard variant · AG: €70,000

The standard vehicle for an operating subsidiary of a foreign company — the default choice for most market-entry engagements in Austria.

AG

Liability

Limited to company assets

Min. capital

GmbH: €10,000 (€5,000 cash) reduced variant since 2024 · €35,000 standard variant · AG: €70,000

Used for larger operations, more formal governance needs, or entities seeking to raise capital publicly.

FlexKapG (FlexCo, since 2024)

Liability

Limited to company assets

Min. capital

GmbH: €10,000 (€5,000 cash) reduced variant since 2024 · €35,000 standard variant · AG: €70,000

Used for larger operations, more formal governance needs, or entities seeking to raise capital publicly.

Branch

Liability

None separate — the foreign parent company bears full liability

Min. capital

None — no separate capital requirement

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

Liability

N/A — not a registered legal entity in most cases

Min. capital

None

For market research and liaison activity only — cannot sign contracts, invoice, or trade locally in most jurisdictions.

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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
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Frequently asked questions

How does Gruppenbesteuerung loss recapture actually work?
Losses of a foreign group member may be deducted from the Austrian group's taxable income in proportion to the direct shareholding, but these are timing benefits, not permanent deductions. If the foreign entity subsequently generates enough profit to use those same losses under its own domestic tax regime, or if it drops out of the group, the previously deducted amount is recaptured and taxed in Austria.
Which foreign subsidiaries can join an Austrian tax group?
Only first-tier foreign subsidiaries qualify: those held at more than 50% directly by an Austrian group member, and resident either in an EU member state or in a country that has a comprehensive administrative assistance arrangement with Austria. Lower-tier (indirectly held) foreign entities cannot be included.
Does Austria have a national minimum wage?
No. Austria has no single statutory minimum wage; pay floors are set through sector-level collective bargaining agreements (Kollektivverträge) covering roughly 95% of employees. Most 2026 entry-level minimums fall between €1,800 and €2,000 gross per month, paid across 14 instalments including the mandatory 13th and 14th month payments.
What is the minimum share capital for a GmbH?
Since 2024, a GmbH can be formed with a reduced minimum share capital of €10,000, of which €5,000 must be paid in cash at formation. The standard variant still requires €35,000 (€17,500 paid in). An AG requires €70,000. The reduced-capital GmbH is also subject to a lower minimum corporate tax of €125 per quarter (€500/year).

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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.