Austria Business Registration Guide 2026
Austria offers several legal forms for businesses: the GmbH (limited liability company) with €35,000 minimum capital (€17,500 paid up), the AG (joint-stock company) with €70,000 minimum, and the Einzelunternehmen (sole proprietorship) with no minimum capital. All must register in the Firmenbuch (company register) except small sole proprietorships.
Choosing the right legal form depends on liability, capital requirements, tax treatment, and administrative burden. The GmbH is the most popular choice for foreign investors. The AG is suited for larger enterprises. Sole proprietorships (Einzelunternehmen) are the simplest form with minimal registration costs but unlimited personal liability. Since 2014, the flexible GmbH (Gründer GmbH) allows a reduced minimum capital of €10,000 with the requirement to accumulate reserves until reaching €35,000.
GmbH (Gesellschaft mit beschränkter Haftung)
Minimum capital: €35,000 (€17,500 must be paid in cash at registration; the balance can be contributed later). Alternatively, the Gründer GmbH requires only €10,000 nominal capital with €5,000 paid up. Formation requires a notarial deed (Notariatsakt), entry in the Firmenbuch, and registration with tax authorities. The GmbH is subject to Körperschaftsteuer (KöSt) at 23% on profits. Shareholder liability is limited to the company's assets. Managing directors can be non-residents but must have a domestic address for service of process. Annual financial statements must be filed with the Firmenbuch.
AG (Aktiengesellschaft)
Minimum capital: €70,000 (€35,000 paid up). The AG is governed by the Aktiengesetz and requires a supervisory board (Aufsichtsrat) with at least three members. Formation involves a notarial deed, approval by the Finanzamt for stamp duties, and Firmenbuch registration. The AG is also taxed at 23% KöSt. Shares can be publicly traded (börsennotiert) or privately held. The AG structure is more complex and costly to maintain than the GmbH, with stricter reporting and corporate governance requirements. An AG can be founded by one or more shareholders.
Einzelunternehmen (Sole Proprietorship)
No minimum capital required. Registration is with the Bezirkshauptmannschaft (district authority) or Magistrat (in cities) for trade licenses (Gewerbeberechtigung) under the Gewerbeordnung. Entry in the Firmenbuch is mandatory only if annual turnover exceeds €1,000,000 or certain thresholds. Sole proprietors have unlimited personal liability for business debts. Income is taxed at progressive Einkommensteuer rates (0-55%). Social insurance is under GSVG. Starting a sole proprietorship is the quickest and cheapest way to begin a business in Austria, but the personal liability risk should be carefully considered.
Firmenbuch (Company Register)
The Firmenbuch is the central electronic register of companies maintained by the Landesgericht (regional court). All GmbHs, AGs, and larger sole proprietorships must be registered. The register contains: company name, legal form, registered address, object of business, managing directors/members of the board, capital structure, and annual financial statements. Registration fees range from approximately €100 (sole proprietor) to €500+ (GmbH). Changes to registered information must be filed promptly. The Firmenbuch is publicly searchable online via the Unternehmensserviceportal (USP).
FAQs
Can a foreigner register a company in Austria?
Yes. EU/EEA nationals can register a company without restrictions. Non-EU nationals need a residence permit or a trusted Austrian representative. A managing director can be a non-resident, but the company must have a registered office (Sitz) in Austria. Bank accounts can be opened remotely for GmbH/AG formations. The notarial deed can be executed in German only; translations are recommended for non-German speakers.
What are the ongoing compliance requirements?
All companies must file annual financial statements (Jahresabschluss) with the Firmenbuch. GmbHs and AGs must file corporate tax returns (KöSt-Erklärung) annually. Monthly or quarterly VAT returns (USt-Voranmeldung) are required. Employers must register employees with the ÖGK and file monthly contribution reports. An annual meeting (Gesellschafterversammlung) is required for GmbHs. AGs must hold an annual general meeting (Hauptversammlung) and file detailed reports.
How long does it take to register a GmbH?
A GmbH can typically be registered in 2-4 weeks if all documents are prepared in advance. The notarial deed appointment, Firmenbuch application (which takes 1-2 weeks for court approval), tax registration, and Gewerbeanmeldung (trade license) run in sequence. Using a professional formation service can streamline the process. A Gründer GmbH can be formed more quickly due to lower capital verification requirements.