Last updated: October 2026 · Official sources linked
The short answer in 30 seconds
- Share capital (Stammkapital) 2026: at least €10,000. Of this, you pay in €5,000 in cash at formation. The same applies to the FlexCo.
- Minimum corporate income tax (Mindest-Körperschaftsteuer): €500 per year, even without a profit. The tax rate on profits is 23%.
- Formation costs (guide values): contract from approx. €100. Companies Register (Firmenbuch) approx. €450, or €0 with the start-up fee exemption (Neugründungsförderung). Trade registration (Gewerbeanmeldung) is free of charge.
- Third-country nationals: if you work in the business yourself, you need a suitable residence permit (Aufenthaltstitel).
Our founder Hassan came to Austria as a student in 2011. In 2017, he founded his own GmbH in Vienna. The path has several stages: contract, bank, Companies Register, trade licence, tax office and social insurance. This article shows you the steps in the right order.
Who is this route for?
A GmbH or FlexCo is the right fit if you want to run a business with limited liability. The company is liable with its own assets. As a rule, your private assets are not affected.
- EU, EEA and Swiss citizens may carry on a trade on the same terms as Austrians.
- Third-country nationals may be shareholders. If you also work in the company, you need a residence permit that allows self-employment. Otherwise, the Companies Register may refuse the entry. One reason can be a missing work permit. Another can be a missing confirmation from the AMS.
- The FlexCo (Flexible Kapitalgesellschaft, flexible limited company) is aimed primarily at start-ups.
GmbH or FlexCo?
| GmbH | FlexCo | |
|---|---|---|
| Minimum share capital | 10.000 € | 10.000 € |
| Cash at formation | 5.000 € | 5.000 € |
| Minimum contribution per shareholder | 70 € | 1 € |
| Transferring shares | Notarial deed (Notariatsakt) | Deed drawn up by a notary or lawyer |
| Formation without a notary | as a single-member GmbH | as a single-member FlexCo |
Sources: WKO GmbH, WKO FlexCo, WKO FlexCo formation. The FlexCo also allows enterprise value shares (Unternehmenswert-Anteile) for employees. These shares carry no voting rights. They may make up no more than 24.99% of the share capital.
Requirements
- Articles of association as a notarial deed. With only one person, this is called a “declaration of establishment” (Erklärung über die Errichtung).
- Share capital of at least €10,000. Of this, you pay €5,000 in cash into a bank account.
- At least one managing director (Geschäftsführer). He or she is entered in the Companies Register.
- Managing director under trade law (gewerberechtlicher Geschäftsführer) for regulated trades. This person needs a place of residence in Austria, the EEA or Switzerland. He or she is a managing director of the GmbH, or is employed for at least half of the normal working hours.
- A residence permit that allows self-employment for third-country nationals who work in the company themselves.
Special route: formation without a notary
You can found a single-member GmbH or single-member FlexCo without a notary. This runs through eGründung on the USP. You need:
- a single natural person as the shareholder
- the statutory standard content for the declaration of establishment
- an ID Austria
- a bank that offers this procedure
eGründung is free of charge. You start with a formation account. You open the bank account for the capital contribution beforehand. Later changes to the articles again require a notarial deed.
Process, step by step
| No. | What you do | Where |
|---|---|---|
| 1 | Clarify the trade, location and company name | WKO Start-up Service |
| 2 | Get advice on the start-up fee exemption under the NeuFöG and obtain the confirmation | Austrian Economic Chamber (Wirtschaftskammer) |
| 3 | Sign the contract at the notary or enter the data in eGründung | Notary or USP |
| 4 | Open an account, pay in €5,000, obtain the bank confirmation | Bank |
| 5 | File the application with the Companies Register | Regional Court (Landesgericht); in Vienna, the Commercial Court (Handelsgericht) |
| 6 | Register the trade, only after the entry | GISA or trade authority |
| 7 | Notify the tax office, within one month | FinanzOnline or by post |
| 8 | Register with social insurance, within four weeks | SVS or ÖGK |
The GmbH only comes into existence when it is entered in the Companies Register. According to WKO Wien, the entry takes about 1 to 4 weeks. The bank confirmation is only valid for a short time. Plan steps 3 to 5 close together.
Documents
For the notary, the bank and the Companies Register (WKO):
- passport or photo ID of all shareholders and managing directors
- articles of association or declaration of establishment
- resolution appointing the managing directors, if this is not in the contract
- list of shareholders and list of managing directors
- specimen signature (Musterzeichnung) of the managing directors
- bank confirmation of the payment
- NeuFöG declaration, if you use the fee exemption
For the trade registration (USP):
- extract from the Companies Register, no older than six months
- declaration on grounds for exclusion for the GmbH and for persons authorised to represent it
- proof regarding the managing director under trade law; for regulated trades, the certificate of competence (Befähigungsnachweis)
- criminal record certificate from your home country, no older than three months. This applies if you live abroad. It also applies if you have lived in Austria for less than five years.
- for third-country nationals: residence permit
Costs and duration
Guide values according to the WKO (as of 2025-02-06):
| Item | Amount |
|---|---|
| Declaration of establishment, single-member GmbH, minimum content | approx. €100–150 |
| Single-member GmbH with additional provisions, at the notary | approx. €500–1,000 |
| GmbH with two or more shareholders | at least €2,000 |
| Entry in the Companies Register | approx. €450; with NeuFöG €0 |
| Trade registration | free of charge |
| Extract from the Companies Register (WKO Wien) | approx. €5 online, approx. €15 at the court |
| Minimum corporate income tax (WKO) | €500 per year, €125 per quarter |
Two worked examples
Example A: single-member GmbH with minimum content and NeuFöG
- Declaration of establishment: approx. €150
- Companies Register: €0
- Trade licence: €0
- One-off costs: around €150
Example B: GmbH with two shareholders, without NeuFöG
- Contract at the notary: at least €2,000
- Companies Register: approx. €450
- Trade licence: €0
- One-off costs: at least around €2,450
In both cases, you also pay in €5,000 as the capital contribution. This is the company’s capital, not a fee. Ongoing costs include the minimum corporate income tax, bank charges and tax advice. Profit distributions to shareholders are subject to capital gains tax (Kapitalertragsteuer) of 27.5%.
Duration: The authorities do not state a fixed overall duration. You may carry on an unregulated trade from the day you register it. For regulated trades, the authority decides within three months.
After formation: checklist
- Tax office: Report the start of business within one month. For corporations, there is the questionnaire Verf 15. You can also fill it in on FinanzOnline.
- Tax number and VAT ID (UID): The tax office assigns the tax number. The VAT identification number usually comes automatically with it. Otherwise, you apply for it with form U15.
- Social insurance: Employed shareholder-managing directors with a stake of up to 25% are insured with the ÖGK under the ASVG. Managing shareholders without ASVG insurance are insured with the SVS under the GSVG (WKO).
- Employees: Register employees with the health insurance fund before they start work, usually via ELDA. In Vienna, municipal tax (Kommunalsteuer) and the employer levy (Dienstgeberabgabe) also apply.
- Non-wage labour costs (Lohnnebenkosten): With NeuFöG, certain non-wage labour costs of around 6% do not apply in the first 36 months (WKO).
- Advance payments: Corporate income tax advance payments are due on 15 February, 15 May, 15 August and 15 November.
- Electronic delivery: Activate it on the USP if you are liable for VAT (WKO Wien).
Competent authority
- Companies Register: the Regional Court at the company’s registered office. In Vienna, this is the Commercial Court Vienna (Handelsgericht Wien). Extracts are available for a fee via JustizOnline.
- Trade licence: the trade authority at the business location. In Vienna, depending on the trade, this is the Municipal District Office (Magistratisches Bezirksamt) or MA 63.
- Online formation: eGründung on the Business Service Portal (Unternehmensserviceportal)
- Taxes: Austrian Tax Office (Finanzamt Österreich), via FinanzOnline
- Advice and NeuFöG confirmation: WKO Start-up Service
Common pitfalls
- Residence status not settled. A GmbH does not give you a right of residence.
- No managing director under trade law. Without a certificate of competence, you need a qualified person resident in the EEA or Switzerland.
- Bank confirmation expired. Notary, bank and Companies Register must follow each other quickly.
- NeuFöG too late. The NeuFöG form must be submitted with the application. A later refund is, as a rule, not possible.
- Wrong account. With eGründung, the account for the court fees must not be the capital contribution account.
- Forgetting the minimum corporate income tax. The €500 is due every year, even in a year with a loss.
Related routes
- Self-employed Key Worker
- Start-up Founder Card
- A branch in Austria: the Zweigniederlassung
- Investing in Austria without relocating
FAQ
Can I found a GmbH in Austria as a foreigner? Yes. In principle, anyone can be a shareholder. If you come from a third country and work in the company, you need a suitable residence permit.
What is the minimum amount of money I need? You pay in €5,000 in cash as the capital contribution. On top of that come formation costs from around €150. The minimum corporate income tax of €500 is due every year.
What is the difference between a GmbH and a FlexCo? The minimum capital is the same. The FlexCo allows contributions from €1 and simpler share transfers. It also allows enterprise value shares of up to 24.99%.
Can I found a GmbH without a notary? Yes, as a single-member GmbH or single-member FlexCo via eGründung. You need an ID Austria and a suitable bank.
What do I need to do after the entry? Register the trade, notify the tax office within one month and settle your social insurance.
Sources and legal basis
- WKO: Limited liability company (GmbH) (as of 2026-08-10)
- WKO: Simplified formation of a GmbH (as of 2026-08-10)
- WKO: Flexible limited company (as of 2026-08-10), FlexKapG formation (2026-04-17)
- WKO: Formation costs (2025-02-06), NeuFöG fee exemption (2024-11-15)
- WKO Wien: Steps to formation
- WKO: Social insurance for traders (as of 2026-01-01)
- WKO: Trade licences for third-country nationals, FAQ on trade licences for foreigners (as of 2026-09-21)
- USP: eGründung, Procedure, Trade registration (2026-03-20), Managing director under trade law (2026-03-20), Corporate income tax (2026-01-01), Obligations of business owners, VAT identification number
- BMF: Form Verf 15 (version 2025-01-24), Capital income (2026-01-01)
- BMWET: Trade registration; Ministry of Justice: Companies Register
- Laws: Limited Liability Companies Act (GmbH-Gesetz) (§ 9a, simplified formation), Flexible Companies Act (Flexible-Kapitalgesellschafts-Gesetz), Trade Regulation Act 1994 (Gewerbeordnung) (§ 39, managing director under trade law), Corporate Income Tax Act 1988 (Körperschaftsteuergesetz), New Business Formation Promotion Act (Neugründungs-Förderungsgesetz), Foreign Nationals Employment Act (Ausländerbeschäftigungsgesetz). Full text in the RIS.
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