Last reviewed September 2026 by Anna Modlinska, Company Formation Specialist

Company Formation in Austria: Register a GmbH, AG, FlexCo or Branch

ShelfCompanies24 has been forming Austrian companies for international founders since 1995. Our Vienna team handles every step of company formation in Austria on a single agreed service contract, from picking the right legal form through Notar, Firmenbuch registration, Finanzamt tax registration, WiEReG (beneficial-owner) filing and your first Austrian bank account. Most clients are trading inside 4 to 8 weeks, or in 5 to 10 working days via a ready-made Vorratsgesellschaft.

One consolidated scope

Our service covers Notar, Firmenbuch, WiEReG, virtual Sitz.

One-stop-shop

GmbH + Sitz + Austrian banking + Steuerberater under one roof.

Speed & service

Standard formation 4 to 8 weeks. German-speaking case manager.

Fully remote

eIDAS-qualified e-signature, Austrian consulate, or delegate to our Vienna Notar via Vollmacht.

Burden is ours

We draft the Gesellschaftsvertrag, file Firmenbuch, register USt/UID, file WiEReG.

Which Austrian Company Type Should You Register?

GmbH: Gesellschaft mit beschränkter Haftung

The GmbH is the workhorse of Austrian commerce. Governed by the GmbH-Gesetz (GmbHG). Closely mirrors the German GmbH framework.

  • Stammkapital: minimum €10,000 since 2024 reform (was €35,000), with at least €5,000 paid up at formation.
  • Gesellschafter: 1+, any nationality.
  • Geschäftsführer: at least one. No Austrian residency required.
  • Aufsichtsrat: mandatory only if > 300 employees, certain regulated sectors, or specific size thresholds.

FlexCo: Flexible Kapitalgesellschaft

Introduced in 2024 as a start-up-friendly corporate form. Same €10,000 minimum capital as the new GmbH but with employee-share-option-friendly governance and share-class flexibility.

AG: Aktiengesellschaft

Joint-stock form for listed entities. Min capital €70,000 (25% paid up). Min 1 Aktionär. Vorstand + Aufsichtsrat dual-tier governance.

Other forms

  • OG / KG, partnerships
  • SE, Societas Europaea
  • Branch (Zweigniederlassung) of foreign company
Form Min. capital Formation time Best for
GmbH €10,000 (€5,000 paid up) 4 to 8 weeks Default, SMEs, holdings
FlexCo €10,000 4 to 8 weeks Start-ups with employee equity
AG €70,000 (25% paid up) 6 to 12 weeks Listed groups
Zweigniederlassung Parent-dependent 4 to 8 weeks Foreign multinational presence
Vorratsgesellschaft €10,000 (paid) 5 to 10 days Need immediate trading

Using a Company Formation Agent in Austria

Austria runs almost every corporate act through a Notar and conducts every filing in German, which is why most founders abroad work through an agent. A company formation agent in Austria does four things that are hard to do from a distance: brief and instruct the Vienna Notar so the Gesellschaftsvertrag is right the first time, open the Sperrkonto and get the capital confirmation attached to the Notariatsakt, carry the filing through the Firmenbuchgericht and answer its queries, and register the company with the Finanzamt for its Steuernummer and UID-Nummer. We also make the WiEReG filing, introduce the bank and hand over a Steuerberater, so nothing falls between advisers.

The practical test of an agent is whether the work is scoped before it starts. Ours is: you know which documents you must produce, who signs what and where, and what happens after the Firmenbuch entry, before you instruct us.

How to Register a Company in Austria: Step by Step

Registering a company in Austria follows a fixed order: entity choice, articles, Notariatsakt, capital deposit, Firmenbuch, then Finanzamt and WiEReG. Standard formation runs 4 to 8 weeks end to end, while a ready-made Vorratsgesellschaft transfers in 5 to 10 working days. The eight steps below are the ones we run for you.

1. Strategy call and entity choice

Confirm legal form, member structure, business activity (with ÖNACE codes, Austria’s NACE-aligned classification), Sitz location, Stammkapital and banking preferences.

2. Drafting the Gesellschaftsvertrag

The articles are drafted by our Vienna Notar, bilingual German-English. Provisions on share transfers, pre-emption, exit clauses.

3. Notarial deed (Notariatsakt)

Founders appear before an Austrian Notar in person, via consulate, eIDAS qualified electronic signature, or via notarised Vollmacht. Notar fees apply and follow the Austrian statutory notarial tariff, scaled to capital.

4. Stammkapital deposit

Open a Sperrkonto (escrow account) at an Austrian bank, deposit €5,000+ (50% of €10,000 minimum). Bank issues confirmation attached to the Notariatsakt.

5. Firmenbuch registration

The Notar files the company with the competent Firmenbuchgericht. Processing: 5 to 15 working days. Court fees apply, set by the Firmenbuchgericht, plus annual Firmenbuch publication fees.

6. Tax registration with Finanzamt

Within 1 month of Firmenbuch entry the company files with Finanzamt for:

  • Steuernummer (tax number)
  • UID-Nummer (VAT), mandatory above €35,000 turnover, voluntary below
  • VAT-EU (VIES) for intra-Community trade
  • Lohnsteuernummer if hiring

7. WiEReG filing

Beneficial owners filed in the Wirtschaftliche Eigentümer Register within 4 weeks of registration.

8. Bank account and operational readiness

Convert Sperrkonto to operating account. Austrian banks: Erste Group, Raiffeisen, UniCredit Bank Austria, BAWAG, Volksbank, plus options across the DACH region.

Typical Timeline for Company Formation in Austria

Scenario Typical duration
GmbH via standard formation 4 to 8 weeks
FlexCo 4 to 8 weeks
AG (joint-stock) 6 to 12 weeks
Zweigniederlassung of foreign company 4 to 8 weeks
Vorratsgesellschaft, transfer 5 to 10 working days

Austrian Corporate Tax Environment (2026)

  • 23% KöSt, reduced from 24% in 2025; stable for 2026.
  • Mindest-KöSt €500/year for new GmbHs (first 5 years), €1,750/year thereafter; €3,500/year for AG.
  • 20% / 13% / 10% USt, standard / reduced / further-reduced.
  • 0% withholding on dividends to EU corporate parents under Parent-Subsidiary Directive; 27.5% domestic / 25% corporate.
  • R&D Premium (Forschungsprämie), 14% cash refund on qualifying R&D, including subcontracted research.
  • Group taxation (Gruppenbesteuerung), Austrian group regime allowing cross-border subsidiary inclusion (with limits post-OECD Pillar Two for very large groups).
  • International Holding regime, 0% on qualifying foreign-source dividends and capital gains under specific holding/substance requirements.
  • Pillar Two QDMTT applies to multinationals > €750m revenue.

Setting Up a Business in Austria as a Non-Resident

Neither the Gesellschafter nor the Geschäftsführer of an Austrian GmbH needs Austrian or EU residency, and no part of the shareholding has to sit with a local. The demand we see for Austrian formation comes mainly from the United Kingdom, then the United States and Singapore, and those founders do not travel. You sign before a Notar at an Austrian consulate, with an eIDAS qualified electronic signature, or by giving our Vienna Notar a notarised Vollmacht. What changes for a non-resident is the evidence rather than the route: apostilled passport copies, proof of address and a documented source for the Stammkapital, because Austrian banks apply enhanced due diligence to non-EU beneficial owners. Allow 4 to 8 weeks from instruction to a company that can trade.

Frequently Asked Questions about Austrian Company Formation

How long does company formation in Austria really take?

A standard GmbH takes 4 to 8 weeks from instruction to a company that can trade. The Notariatsakt itself is quick; the time sits with the Firmenbuchgericht, which processes registrations in 5 to 15 working days, and with the Finanzamt registration that follows within a month of the entry. A FlexCo runs to the same 4 to 8 weeks, an AG takes 6 to 12 weeks, and a ready-made Vorratsgesellschaft transfers in 5 to 10 working days.

What is the minimum Stammkapital for an Austrian GmbH?

€10,000 since 2024 reform (was €35,000), with at least €5,000 paid up at formation. The reform brought Austria into line with neighbours like Slovakia and Czech Republic.

Do the directors or shareholders have to be resident in Austria?

Correct as a matter of company law. Neither the Gesellschafter nor the Geschaeftsfuehrer of an Austrian GmbH has to live in Austria or hold an EEA passport, and one person may be both sole owner and sole managing director. The limit sits in trade law rather than company law: a regulated trade needs a trade licence, so a founder without the relevant qualification or without the right to work in Austria appoints a qualified managing director under trade law. Austrian banks apply closer scrutiny to non EU owners.

What is the difference between Austrian GmbH and German GmbH?

Functionally similar, same terminology, same governance structure, same notarial requirements. Differences: Austrian Stammkapital minimum €10,000 (vs. German €25,000); Austrian CIT 23% (vs. German ~30% combined); Austrian Firmenbuch (vs. German Handelsregister); Austrian WiEReG (vs. German Transparenzregister). The two regimes share legal heritage and translate seamlessly.

How much corporate tax will my Austrian GmbH pay?

Körperschaftsteuer is 23%, reduced from 24% and stable for 2026. A GmbH that makes no profit still pays the Mindest-KöSt, the minimum corporate tax set out above, which is lower for a new GmbH during its first five years. USt is 20% standard, with 13% and 10% reduced rates. Dividends to an EU corporate parent leave Austria at 0% under the Parent-Subsidiary Directive, while domestic KESt runs at 27.5%, or 25% for corporate recipients.

What is Gruppenbesteuerung?

Austria’s group taxation regime allows a parent (Gruppenträger) and qualifying subsidiaries (including cross-border ≥50% holdings) to consolidate taxable profits and losses. Particularly attractive for multinational structures with German, CEE or international subsidiaries.

Can I run my Austrian GmbH entirely from abroad?

Yes, and many clients do, but the company’s tax residence follows the place of effective management. If every board decision is taken in another country, that country may assert taxing rights and Austria’s own test may not be met. A passive holding company faces a lighter substance test than an active trading business, which is expected to show premises, people and management presence in Austria in proportion to what it does. We map the substance level you need before incorporation.

What comes after Firmenbuch entry?

Finanzamt tax registration (Steuernummer, UID), WiEReG filing, bank account opening, Steuerberater engagement. Most clients are operational within 5 to 6 weeks.

Do I need a company formation agent in Austria?

Legally, no. Practically, almost every foreign founder uses one, because the Notariatsakt, the Firmenbuch filing and the Finanzamt registration are conducted in German and each carries its own formal requirements. An agent instructs the Notar, opens the Sperrkonto, carries the Firmenbuch filing and answers registry queries, makes the WiEReG filing and introduces the bank. What you should insist on is a scope agreed in writing before the work begins.

How do I set up a business in Austria?

Choose the legal form first: the GmbH suits most operators, the FlexCo suits start-ups issuing employee equity, and the AG is for listed or capital-raising groups. The articles are then drafted and signed before a Notar, the Stammkapital goes into a Sperrkonto, and the Notar registers the company in the Firmenbuch. Finanzamt registration and the WiEReG filing follow, and the Sperrkonto becomes the operating account. Allow 4 to 8 weeks.

Ready to register your Austrian GmbH? Contact our Austrian desk.

Related Services in Austria

Why Choose Austria Over Comparable Jurisdictions

Austria is one of several jurisdictions where ShelfCompanies24 maintains pre-formed entities and active formation services. Why pick Austria for your GmbH specifically? CEE bridgehead, group taxation regime is the headline reason, but it pays to understand the trade-offs against the alternatives. Below are concrete differentiators that matter when you are weighing a structure decision against the actual operating profile of your business.

  • 2026 corporate tax rate: 23%.
  • Formation timeline: 4 to 8 weeks for a new incorporation, 5 days for shelf-GmbH transfer.
  • Single point of contact: One case manager coordinates the registry filing, the registered office and the bank introduction, so you are not briefing an accountant, a lawyer and a bank separately.
  • Banking access: our consultants pre-position your GmbH with banks that accept the structure for your operating profile, rather than letting your application sit cold in an onboarding queue for 8-16 weeks.
  • EU passport: goods and services trade VAT-free across all 27 EU member states once GmbH is registered for EU VAT.

Substance, Pillar Two, and 2026 Regulatory Realities

Cross-border corporate structuring in 2026 is governed by a tighter web of rules than in any previous decade. Three forces shape every decision:

  • OECD Pillar Two, global minimum effective tax rate of 15% on multinational groups with consolidated revenues above the Pillar Two threshold. Where applicable, Austria (like every modern jurisdiction) operates a Qualified Domestic Minimum Top-up Tax (QDMTT) so any top-up tax accrues locally rather than to a foreign parent jurisdiction. Smaller groups and standalone companies are out of scope of Pillar Two and continue under the regular Austria tax regime.
  • Beneficial-owner transparency, Austria records beneficial ownership in the Register der wirtschaftlichen Eigentuemer, established by the Wirtschaftliche Eigentuemer Registergesetz (WiEReG). It is not open to general public search: access runs to the authorities, to obliged entities such as banks and corporate service providers, and to anyone who can show a legitimate interest. We prepare the filing and keep it current as part of the ongoing service.
  • Substance expectations, passive holding companies face a reduced substance test; active income-generating activities face the full test (adequate staff, premises, and management presence in Austria commensurate with the activity carried on). Your consultant maps your activity profile to the substance level needed before incorporation.

For Austria specifically: 23% CIT (cut from 24% in 2024, stable through 2026); GmbH minimum capital post-2024 reform; new FlexCo (FlexKap) form available.

Common Pitfalls When Forming an Austrian Company

Issues we routinely see when prospects come to us after attempting the process directly with local providers in Austria:

  • Underestimating documentation, incomplete KYC packs, missing apostille on cross-border documents, or notarisation defects routinely add 2-4 weeks to a 3 weeks target. Our pre-flight document checklist eliminates this in advance.
  • Picking the wrong legal form, choosing the GmbH when an alternative Austrian structure would have been better for the activity profile, or vice versa. Reorganising later means redoing the registry filings and the bank onboarding.
  • Bank onboarding mismatch, applying to a bank whose product profile doesn’t match your transaction volume, currency mix, or industry. Re-applying after rejection signals risk to the next bank.
  • Gaps in post-incorporation registrations, VAT/sales-tax thresholds, beneficial-owner deadlines, and sector-specific licences each have their own filing windows that the basic incorporation pack doesn’t cover.

Additional Questions about Austria Formation

Can I change the registered name of an Austrian GmbH after acquisition or formation?

Yes. A name change is filed with the Firmenbuch via a directors’ resolution and a routine filing, typically clears in 5 days. We include up to one name change as standard for both shelf-company purchase and new formation.

Does a company in Austria have access to double taxation treaties?

Yes. An Austrian GmbH is resident in an EU member state, so the Parent Subsidiary Directive and the Interest and Royalties Directive both apply, and Austria has around 90 comprehensive double taxation agreements on income and capital on top of that. The network has been reshaped by the OECD Multilateral Instrument, which wrote a principal purpose test into most of the treaties, so relief depends on the company having real commercial substance rather than only a registered address.

How does ShelfCompanies24 protect client confidentiality?

Client information is held under contractual non-disclosure plus the professional-secrecy obligations applicable to corporate-service providers in our home jurisdiction. We do not share client identity or transaction details with third parties beyond what is statutorily required (KYC reporting, beneficial-owner-register filings, AML/CTF reporting where triggered). Our internal access to client files is logged and access-restricted by need-to-know.

What happens if Austria changes its corporate-tax regime materially?

Material tax changes (rate moves, new minimum-tax regimes, treaty amendments) get communicated to active clients with our analysis of impact. Where the change is structural, for example the OECD Pillar Two implementation in Austria or a domestic tax-base reform, we proactively flag clients whose structures may need restructuring and set out the remedial steps. The client is not left to discover material regulatory change from their accountant or from media reports.

What is the difference between forming a GmbH versus a branch of a foreign company in Austria?

A GmbH is a separate legal entity Austrian-tax-resident with its own corporate tax filings and beneficial-owner record. A branch is an extension of a foreign parent, the foreign parent is the legal entity, the Austria branch books local-source income but the parent’s overall tax liability cascades. Most foreign owners pick a GmbH for liability ring-fencing and clean tax accounting; branches are sometimes preferred where the parent has specific group-relief or treaty considerations that depend on common legal personality.

Service Scope: What ShelfCompanies24 Delivers

Engaging us for your Austrian new GmbH formation covers the following deliverables under one service:

  • Initial scoping call, free, 30-45 minutes, with an Austrian-experienced consultant who maps your business model to the right structure.
  • KYC pack preparation, checklist, sample templates, and review of your draft documents before submission.
  • GmbH drafting, memorandum and articles of association, directors’ resolutions, share-capital subscription, registered-office agreement.
  • Firmenbuch filing, electronic submission, fee payment, and clearance of any registry queries.
  • Tax registration, corporate tax identification, VAT/sales-tax registration where applicable.
  • Beneficial-owner register filing, initial filing plus ongoing maintenance during the first 12 months.
  • Bank account introduction, pre-screened bank match, supporting documentation pack, and follow-up with the relationship manager.
  • Apostille and courier, for cross-border documents requiring legalisation.
  • Digital handover pack, certificates, registers, share certificates, banking credentials, and a 12-month compliance calendar.

The deliverable scope is identical regardless of whether you are based in the EU, the US, the UK, the Middle East, or APAC, we operate the same service globally for Austrian corporate setup. Optional add-ons (virtual office, accounting retainer, payroll, sector licences, transfer-pricing documentation) are scoped separately, so the incorporation or transfer work stays exactly as agreed.

Sectors and Specialties Where Austria Excels

Different jurisdictions are stronger for different commercial activities. Austria consistently performs well for international operators in:

  • Machinery and industrial engineering
  • Banking and CEE-gateway services
  • Tourism and hospitality
  • Energy and renewables

None of these are exclusive, an Austrian GmbH can engage in any lawful commercial activity, but choosing a jurisdiction where the activity has a deep operating ecosystem (talent pool, regulatory familiarity, banking and supplier networks) materially shortens the time from incorporation to first revenue. Tell us your activity profile and we will confirm whether Austria is the right fit before we begin.

Treaty Network and Cross-Border Patterns

A Austrian GmbH sits within the EU treaty framework, automatic access to the EU Parent-Subsidiary Directive (zero withholding on intra-EU dividends meeting the holding test), the Interest and Royalties Directive, and Austria’s bilateral double-tax treaties with non-EU partners. The treaty network is shaped by the OECD Multilateral Instrument since 2017, which embedded a Principal Purpose Test (PPT) into existing treaties to deny benefits where a structure was set up primarily for tax advantage rather than genuine commercial purpose.

Common Austrian GmbH patterns we see: EU-wide trading hub with VAT one-stop-shop, IP holding with treaty-protected royalty flows, regional headquarters serving CEE/Western EU subsidiaries, and licensing-and-distribution structures using EU passport rights. Each pattern has its own substance and transfer-pricing implications which your consultant will map before structuring.

Austria in 2026: Legal and Regulatory Context

The 2026 corporate-law and tax landscape in Austria: 23% headline corporate tax. 23% CIT (cut from 24% in 2024, stable through 2026); GmbH minimum capital post-2024 reform; new FlexCo (FlexKap) form available.

Beyond the headline number, three regulatory currents shape every Austrian structuring decision in 2026: OECD Pillar Two and the local Qualified Domestic Minimum Top-up Tax (QDMTT) for groups above €750 million consolidated revenue; the EU’s progressive AML/CTF tightening (AMLD6 and AMLR transitioning into the Anti-Money-Laundering Authority’s direct supervision); and the Firmenbuch’s ongoing migration toward digital-only filing and real-time beneficial-owner reconciliation. Smaller entities below the Pillar Two threshold continue under the regular Austrian tax regime, but reporting obligations to the Firmenbuch apply to every entity regardless of size.

We track these regulatory currents continuously and flag anything material to active clients within working days of the change being announced. You do not need to monitor Austria regulatory news yourself, that is part of what we provide for the annual retainer.

More Questions about Austria Companies

What annual filing deadlines apply to an Austrian GmbH, and what happens if I miss one?

Three deadline buckets: Firmenbuch confirmation/return (typically annual, on the company’s accounting reference date), corporate tax return (filed via the Austria tax authority following the financial year-end, usually 6-12 months after period close), and VAT/sales-tax returns (monthly or quarterly cadence depending on turnover, where applicable). Beneficial-owner-register updates are event-triggered (filing required when ownership changes) rather than calendar-based.

Penalty consequences vary by jurisdiction but typically follow a pattern: small late-filing fee for short delays, larger automatic penalty for sustained non-filing, and ultimately strike-off from the Firmenbuch for prolonged non-compliance. Strike-off voids the company and may require court application to restore. Our retainer service handles the full filing calendar so this never happens to a client on our books.

How do dividends from an Austrian GmbH flow to a foreign parent or shareholder?

Three layers determine the after-tax dividend: Austria corporate tax already paid at the GmbH level on profits (23%); Austria withholding tax on outbound dividends, which is the variable that depends on where the recipient sits, zero under the EU Parent-Subsidiary Directive for qualifying EU/EEA corporate holders meeting the minimum holding test, reduced rates under bilateral treaties for non-EU recipients, default Austrian statutory rate where no treaty applies; and recipient-country tax on the dividend in the parent’s hands (often subject to participation exemption at the recipient level). Your consultant maps this end-to-end in the initial scoping so the after-tax economics are clear before incorporation.

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