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visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

19
www.gruenderservice.at 18th edition

GUIDE
for Business Start-ups
IMPRINT

Authors: This text was prepared in co-operation with the Business Start-up Service of the Austrian Federal Economic Chamber in Carinthia
(MMag. Melanie Jann), Lower Austria (Mag. Dieter Bader), Upper Austria (Mag. Alexander Stockinger), Salzburg (Dr. Hans-Joachim Pichler,
MBL), Styria (Michaela Steinwidder), Tyrol (Mag. Stefan Scholze), Vorarlberg (Mag. Christoph Mathis).

Project Manager: Gerlinde Seidler, Junior Chamber, Business Start-up Service/


Woman in Business of the Austrian Federal Economic Chamber

Publisher: Junior Chamber (Junge Wirtschaft), Business Start-up Service (Gründerservice)/Woman in Business (Frau in der Wirtschaft) of the
Austrian Federal Economic Chamber, Wiedner Hauptstr. 63, 1045 Vienna
This booklet and other brochures are available from the Business Start-up Service of the Austrian Federal Economic Chamber and the Member
Service of the Austrian Federal Economic Chamber.
This booklet is available on the internet at www.gruenderservice.at/publikationen.

In the interests of easier readability, we have dispensed with the feminine forms (e.g. she, her).
However, we do feel it important to emphasise that this brochure is intended for use by both genders.

All rights reserved. Reproduction in whole or in part is permitted only if the source is indicated and if two specimen copies are provided to the Cham-
ber of Commerce. Despite careful copyreading of all contributions in this booklet, errors cannot be entirely ruled out; therefore, the correctness
of the content cannot be guaranteed. All liability on the part of the authors and the copyright owners is excluded.

18th revised edition, Vienna, March 2019. This 18th English edition corresponds to the 24th German Edition of January 2019.

Graphics: www.designag.at

2
| CONTENTS

1. Idea 7
1.1. Business idea 8
1.2. Personal qualities 9

2. Planning 11
2.1. Preparing a business plan  12
2.2. Marketing and competition  13
2.3. Capital requirements  20
2.4. Financing  23
2.5. Budget  28
2.6. Subsidies  34
2.7. Selecting a legal form  41
2.8. Social insurance  53
2.9. Taxes  60
2.10. Trade law  73
2.11. Business premises law 76

3. Founding 79
3.1. Trade registration  80
3.2. Other authorities  80
3.3. Start-up costs  82
3.4. Start-up Service Consultation  82
3.5. Overview of the steps to starting a business 83

4. Interesting facts 91
4.1. Employees  92
4.2. Accounting and bookkeeping  96
4.3. Entrepreneur as a secondary occupation  103
4.4. Other important information 107

5. Networking 113
5.1. After Start-Up 114
5.2. Networks and platforms 115
5.3. Start-Up Services in Austria 119

Index of key words 120

www.gruenderservice.at  CONTENTS 3
4 www.gruenderservice.at
FOREWORD

For a future of prosperity and work, Austria needs one thing most
of all: more entrepreneurship. Entrepreneurship is the key for our
society to be able to transform challenges into new opportunities.

© BMDW/Marek Knopp
The digital shift in particular brings enormous entrepreneurial
opportunities. Your decision to become self-employed not only
opens up new perspectives for you personally, but also benefits
the entire country.

The Austrian Federal Economic Chamber is a reliable and innovative partner at your service. We
do not distinguish between large and small, regional and international, young and old. We are
committed to all entrepreneurs throughout the country and provide a consistent representation of
interests and a modern service.

The following guide is just one of the many services available for your success. In this document,
you will find expertise and tips for all important aspects of your prospective career. The wide spec-
trum covers everything from checking your entrepreneurial personality and your business idea,
through legal frameworks, marketing and financing to social insurance, employees and your busi-
ness plan.

After all, one thing is clear: whoever experiences this personal responsibility and takes on this
entrepreneurial risk must prepare themselves for self-employment as professionally as possible.
This will prevent unpleasant surprises and will accelerate your business success.

With this in mind, congratulations on your decision to become self-employed – and welcome to
Austria’s large family of entrepreneurs! Going forward, your success is now our common concern.

Dr Harald Mahrer
WKO President

www.gruenderservice.at  FOREWORD 5
| PLANNING EFFECTIVELY FOR SUCCESS

Dear founder,

Do you want to become an entrepreneur? An excellent opportunity if you want to shape your career,
like to go above and beyond and enjoy taking on challenges. Set up your business independently – your
business ideas are practically limitless.

There are no guarantees for business success. As a founder, you should be aware of the opportunities
and risks.

We have provided you with a short checklist for your first considerations – please consider the
following points:
 What is your founding principle? What products/services do you want to offer?
 Do you want to start your business on your own or with a partner?
 Do you want to become self-employed full-time or part-time?
 Where do you want to start your business?
 What education/training do you have and how many years of experience can you provide evidence
for in each sector in which you would like to become self-employed?
 Who are your potential customers and why will they buy from you?
 Who are your competitors?
 How high do you estimate your financial requirements to be and what financing sources can you
rely on?

You will find plenty of helpful knowledge here in the Guide for business start-ups.

If you need more information, take advantage of our internet services. For more details please visit:
www.gruenderservice.at.

Would you like to discuss your concept and next steps with an expert?
Then contact the Start-Up Service at the Austrian Federal Economic Chamber
(Wirtschaftskammer, WKO) in your province directly. The contact addresses can be found on page 119.

6 PLANNING EFFECTIVELY FOR SUCCESS


www.gruenderservice.at www.gruenderservice.at
1
IDEA
| How did you develop your business idea?
| What value does it create?
| Do you have the potential to be an entrepreneur?

visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

www.gruenderservice.at  1. IDEA 7
| 1.1 BUSINESS IDEA  F
 ranchising: When you franchise, you take
on a tried-and-tested business concept for a
1.1.1 Brainstorming fee, yet still become self-employed. You will
reap the benefit of an established brand
Your self-employment starts with a good idea. name or trademark, but will also receive
You need to have a new business idea, but the assistance from the franchiser and from a
concept doesn’t always have to be completely mutual exchange of ideas and experience.
new. Improve something “tried and tested”, for More information on franchising can be
example, or jump on board an existing business found in our extensive special brochure
in the form of succession or through franchising. “Guide to Franchising” and on our internet
platform www.gruenderservice.at/franchise
 N
 ew ideas: With new technological and Simply consult our franchise exchange at
social developments, new products and www.franchiseboerse.at to find direct fran-
services are continuously appearing on the chise offers in Austria
market. If you recognise the trends early on
and implement them on the market, you will  O
 utsourcing: Outsourcing is when compa-
have the clear competitive advantage. nies commission work that was previously
completed internally to be performed exter-
 M
 aking the “tried and tested” even better. nally – for example by former employees
You do not need to reinvent the wheel. Often, who now complete these tasks on a self-
just small changes to products and services employed basis. Outsourcing entails risks
– or simply better customer service – can set and opportunities alike for both the company
you apart from other offers. Therefore, your and the external worker. Note: If you are
business idea may consist of extending or working for someone in a manner similar to
improving tried and tested ideas or transfer- an employment situation, the Regional
ring them to new or different markets. In Health Insurance Company (Gebietskran-
doing so, however, you should always check kenkasse, GKK) may classify you as
whether the idea is suitable for the circum- employed following a review, despite your
stances in the respective regional market. desired independence and a trade licence.

 B
 usiness succession: You can also take over
an existing business. Succession no longer 1.1.2 Opportunities and risks
takes place automatically within a family,
which is why more and more entrepreneurs Above all, you need to convince your future
are looking elsewhere for suitable succes- customers and partners of your idea. In doing
sors. You can find more information about so, do not place your products or services in the
this in our extensive special brochure “Guide foreground, but highlight the associated soluti-
to Business Succession” or online at www. ons to problems and the benefits for your custo-
gruender service.at/nachfolge. You can also mers. They will only buy from you if you offer
visit our successor exchange www.nach them a solution which is favourable for them.
folgeboerse.at Ask yourself: What benefits does your idea
create?

8 1.1 BUSINESS IDEA  www.gruenderservice.at


How good is your business idea? | 1.2 P ERSONAL QUALITIES

 D o I fulfil the requirements for this Becoming self-employed means giving up the
business activity? security of a well-paid job. You will have to face
 Who benefits from my product or the fact that your business development will be
service? unpredictable, and that you will be continuously
 Why should a customer buy from me confronted with new tasks and problems to ma-
instead of from someone else? ster and overcome. However, these factors can
 Who are my competitors? form the very appeal of being self-employed.
 How big is the market and how is it Overcoming such tasks and problems is a great
developing? boost to self-confidence. The rewards of self-
 How do I reach my customers? employment include job satisfaction, putting
 What financing will I require? your own ideas into action, the freedom to re-
 What subsidies are available? solve and act on your own, and building up
 What costs will I face? something independently and autonomously.
 What fees and taxes will arise?
 What are my expected profits?
 Will I be able to make a living from this? 1.2.1 Do you have the potential to be an
 What social protection will I receive? entrepreneur?
 What legal conditions must I take into
account? Before rushing into establishing your own busi-
 How do I best organise the processes, ness, you should have a clear idea of your per-
the accounting, etc.? sonal objectives. Do you really want to become
an entrepreneur? If so, do you have the essen-
tial requirements? Confidence in your own abi-
If you can give good answers to these questions, lities can move mountains. However, a healthy
then you are on the right track. There are no gua- portion of self-criticism is also required when
rantees for success – but you can safeguard the setting up a company.
founding of your business through careful consi-
deration and planning. This can be done using a The prime keys to success include believing in
business plan, for example. All the important your idea, having confidence in your own
information can be found starting on page 12. strengths, being willing to take risks, the desire
to stand on your own two feet, having good in-
terpersonal skills and unshakeable motivation,
the desire to think and organise, a fertile imagi-
nation and persistent dedication. Professional
qualifications must not be neglected when
founding your company; basic commercial
knowledge and experience in your line of busi-
ness are also central factors. It is also impor-
tant that your partner and your family approve
of your start-up and support you in realising
your project.

www.gruenderservice.at  1.2 PERSONAL QUALITIES 9


Of course, it is not necessary that you have all of these entrepreneurial qualities and qualifications
from the very outset; you will also learn a great deal through experience.

Some tasks can be outsourced to experts, like accountants, tax advisers and marketing agencies
for example.

1.2.2 Entrepreneur test

Being self-employed gives you the freedom to take decisions independently, however you must also
take full responsibility for those decisions.

OUR TIP: Our entrepreneur test at www.gruenderservice.at can also provide you with
useful guidance

Test your entrepreneurial suitability and give yourself approximately 15 minutes for the question-
naire. The test was created by psychologists and provides information on the most important
aspects of successful entrepreneurship. Try to answer spontaneously and with an open mind. This
way, you will get a conclusive result. We hope that the analysis of your results will help you to suc-
cessfully establish your business. Good luck!

10 1.2 PERSONAL QUALITIES www.gruenderservice.at


2
PLANNING
| How do you prepare a business plan?
| How do you market your business idea?
| How do you finance your business?
| Which legal form is right for you?
| What legal bases are there?
| When do you pay social insurance and taxes?

visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

www.gruenderservice.at  2. PLANNING 11
| 2.1. PREPARING A Product or service
BUSINESS PLAN Describe your products and services in detail,
their strengths and weaknesses, stage of deve-
2.1.1 What is a business plan for? lopment (e.g. prototype), customer benefits,
potential unique characteristics and major
A business plan is a written business concept in competing offers.
which all key aspects of your business idea are
documented. Several young entrepreneurs are Market and competition
still starting their businesses without a business Present the business-branch and market analy-
concept. A business plan can help to greatly sis data, such as: What is your market and how
reduce your commercial risk – it serves as an large is it? What are the recognisable trends and
important planning and monitoring tool for you. developments? Which groups of customers are
It will allow you to professionally convey to po- you addressing?
tential investors (e.g. banks) just how plausible
your business idea and implementation steps Marketing and sales
are. There are several advantages to setting Describe the envisaged measures for imple-
down the business plan in writing: menting your business concept.
 Writing something down requires you to  Offer: Which products, services and
think it through. consultations will you offer and to whom?
 You will have a guideline for your targets and  Prices: What will your prices and payment
activities. conditions be?
 It will strengthen your position in  Communication: Which advertising m
negotiations, e.g. with suppliers. easures are you planning and for which
 A business plan is a requirement for channels?
financing via banks or other providers of  Distribution: How will you be selling:
capital and for subsidies. privately, in a speciality shop, in an online
shop, etc.?

2.1.2 Business plan content Company and management


Detail the company form, organisation, involved
Executive summary persons, etc.:
The executive summary provides a quick over-  Company name, business nature and purpose
view of the entire plan; it should also stimulate  Date of incorporation, legal form
their interest in being involved with your project.  Shareholders, managing directors
Present the core issues of the business plan and  Ownership structure
the key figures briefly, concisely and in a manner  Team members and their competencies
interesting to the reader. Interested parties will  Responsibilities/organisation
gain insight into the company and its objectives.  External partners, e.g. tax advisors
This is why the executive summary is especially  Location(s)
important. Tip: Although it is at the head of a
business plan, only write it at the end as a sum- Success planning and financial planning
mary once you have already established all of the Answer the following questions in detail:
details.  What are the capital requirements –
investments, initial and establishment
costs?

12 2.1. PREPARING A BUSINESS PLAN www.gruenderservice.at


 How will you finance – own resources, borro- Business plan competitions
wed capital, subsidies, etc.? Enter your business plan in business plan com-
 What costs will arise – fixed costs, running petitions, which are held in individual provinces
costs, private lifestyle? or throughout Austria. Apart from the chance to
 What are your estimated sales volumes and win attractive prizes, you will also often benefit
revenue? from the feedback given by a jury of experts,
 How will the numbers develop – expenses from seminars and coaching offers, as well as
and earnings, etc.? the use of planning aids. If you do well, your value
to partners and investors will increase. Enquire
Implementation planning – milestones about current competitions at your Start-Up
What steps have you planned for putting your Service.
business idea into action? Give a specific de-
scription of your action plan: who does what and
by when? What steps and events are particularly
important (milestones)? | 2.2. MARKETING AND
COMPETITION
Annex
According to your business idea, degree of inno- 2.2.1 From the idea to the concept
vation and investment requirements, a business
plan can be up to around 20 pages. Place more You have a business concept that you are excited
detailed or supplementary documentation (such about and you think there is a demand amongst
as offers for planned investments, founders’ ré- customers? Your product is a technical master-
sumés, any memoranda of understanding, action piece, your product range is so extraordinary or
plans, etc.) in an annex to your business plan. your service is so ingenious that you are sure you
have a strong advantage over potential competi-
tors?
2.1.3 Planning aids and competition
These are indubitably important prerequisites
Plan4You for your business to be successful; but have you
The Austrian Federal Economic Chamber Start- also considered
Up Service and the aws (Austria Wirtschaftsser-  who is going to profit from your product?
vice GmbH) offer you ‘Plan4You,’ a free, profes-  how much will a customer be willing to pay
sional business-plan tool. This will help you to for it?
develop a professional and informative business  who are your competitors, and where do
concept and automatically present your com- their strengths and weaknesses lie?
pany or project in the form that is required by  which customer groups are important
funding institutions or banks. For more informa- to you?
tion, please visit:  which geographical regions or social classes
www.gruenderservice.at/businessplan do these groups belong to?
 how will you reach your customers?
ideas to business (i2b)  which channels will you use to reach your
Take advantage of i2b’s service and get compre- customers?
hensive planning help as well as free, written  how will your sales opportunities develop
feedback on your business plan. You can find over the years to come?
more information on Austria’s largest business-  what else could you offer in order to improve
plan competition i2b at www.i2b.at those opportunities?

www.gruenderservice.at  2.2. MARKETING AND COMPETITION 13


As an entrepreneur, you are operating in a con- problems, wishes and requirements, not just on
stantly changing environment. Social trends, your product itself. Your focus should be set on the
consumer behaviours and the use of new tech- needs and habits of your customers as much as
nology will change the way you communicate possible. Know your customers! Relevance and
with future customers. The internet is no longer addressing your target audience is what counts in
a one-sided medium - a continuous dialogue marketing – key word: content marketing.
takes place between the vendors and
purchasers. Mobile Internet use has become a You should also bear in mind another important
common everyday activity. thought: each marketing decision fundamentally
depends on your own situation, sizing up the com-
Therefore, you should absolutely consider the petition and the means you have at your disposal.
internet and its digital networks in your marke-
ting strategy. Before you concern yourself with Carefully work out your marketing strategy; un-
individual channels, there are a couple of funda- derstand each of the following components of
mental marketing questions to answer. your marketing decisions and record the results.
Put your concept down on paper; do not simply
Marketing – 360° perspectives on carry it around in your head. Writing it out obli-
markets, customers and environment ges you to formulate your ideas precisely, giving
you the opportunity to reconsider your strategy
This means: you should be concentrating your after a certain period of time and perhaps im-
thoughts on your current and potential customers’ prove it at a later stage.

How the procedure should look:

Your company on the market

Situation analysis

Customers Company (define strengths


Market Competition and weaknesses,
Surroundings highlight possibilities)

Define targets and strategies

Plan and implement measures

Assess
(target vs. performance)

14 2.2. MARKETING AND COMPETITION www.gruenderservice.at


This control loop makes it clear: the concept pro-  W hat is the situation regarding their technical
cess is a never-ending one; it constantly adapts standards and financial power?
to the circumstances of the environment and to  Must you consider the possibility of new
internal circumstances. competitors appearing on the scene?
 Are product innovations expected among
Start to develop your first concept by analysing current and new competitors?
the current situation.
Market research
Procuring all this information is called doing
2.2.2 A
 nalysis and prognosis of the market research. Where/how can you gather
starting situation this information? Here are a few sources:
 The relevant specialist board of the Austrian
Market situation Federal Economic Chamber with responsibi-
 How big is my market – district, state, lity for your professional association
Austria, Europe, world?  Trade journals
 How is the economy developing in general?  Customer surveys
And my sector?  Observations, e.g. at trade fairs
 How will economic fluctuations likely affect  Internet research
my company?  Statistics Austria (www.statistik.at)
 Which legislative changes and changes in
standards can I expect in the future? Of course, you could also commission a market
 What is the purchasing power of my research institute to provide you with the data
customer group? you are interested in – but you can expect this
 What changes in consumer trends must I service to be quite expensive.
reckon with?
 Are there any market niches, i.e.
requirements not being satisfied? 2.2.3 Marketing objectives

Customers The information you gain from analysing your


 Do you know your customers – age, social initial position and forecast will provide you with
status, etc.? the basis for deriving your marketing image
 Do you know your customers’ buying (basic business design) and objectives in Phase
motives/buying habits and use behaviour? Two.
 Have new customer needs been considered
– e.g. increased environmental awareness? What are the possible objectives?
 What about consultation and service  Sales, revenue, profitability, etc.
requirements?  Market share (e.g. “In five years’ time, I want
 Are there any current trends that will impact to be the largest manufacturer of wooden
your clients? staircases in Western Austria”)
 Increase name recognition
Competitors  Retain/find employees
 Who are your main competitors – how many,  Increase customer loyalty
how large, their market share?  Strengthen image
 On which price and quality levels are these  Find new customers
competitors working?  Take care of existing customers

www.gruenderservice.at  2.2. MARKETING AND COMPETITION 15


The list of objectives can go on as long as you that are ‘specific, measurable, active, realistic
wish. Generally speaking, though, you will want and time-bound’. Even qualitative goals are
to aim at a combination of several objectives, not measurable through key figures defined in ad-
just one. Important: Never lose sight of your fun- vance. Once you have planned your marketing
damental objectives! It is just as important that objectives, the next step is to find the ways and
you define your aims precisely, since this is the means or the strategy to achieve them. To do
only way to discover whether you have met your this, use marketing policy instruments and com-
objectives – e.g. annual sales growth of 12% at bine these tools in the most complete and con-
an increase in revenue of 9%, or similar objecti- textually coordinated marketing strategy pos-
ves. You should therefore use a formula such as sible to raise yourself above the competition.
the SMART formula: SMART stands for goals

2.2.4 Marketing Tools

Marketing Tools

Planning Your Offer (Product and Assortment Policy)

Assortment Customer Service

Product Quality
Market Processing (Communication Policy)

Public Relations Price

Price Planning (Pricing Policy)


Trademark
Loan
Personal Sales
Market
Discount
Sales Promotions

Deduction
Advertising

Logistics
Sales Channels (Storage,Transport, Delivery Time)

Product Distribution Policy

16 2.2. MARKETING AND COMPETITION www.gruenderservice.at


Designing your offers – Goods distribution – distribution policy
product and assortment policy A distribution policy provides for product availa-
Product policy comprises all the issues related bility
to the products and services you provide. Pro-  in good condition,
duct policy deals especially with customer ex-  at the right time,
pectations, which should be kept in mind when  at the right place,
creating your product range. The product/ser-  in the demanded quantity.
vice must meet customers’ requirements!
 Product innovations: Bring new products to It is up to you to decide how you want to distribute
market your product or service – using your own sales
 Product variation: Change products that are staff, via retail or wholesale outlets, or directly
already on the market over the internet. You will also need to look into
 Product elimination: Remove products from the aspects of storage and transportation.
your product range
 Additional benefits: e.g. customer service Working the market – communication policy
after purchase Think about a standardised image, standardised
 Packaging: Design packaging which is both conduct and standardised communications
practical and which promotes sales (branding, corporate identity). Our tip: Your em-
 Brand: Develop a brand name and set your ployees are also brand ambassadors.
product apart from others
Before you start planning an advertising cam-
Keyword ‘USP – Unique Selling Proposition’: The paign or contacting an advertising agency, think
success of a Unique Selling Proposition depends about this: What aims do I want this advertising
essentially on the unique characteristic being to achieve – e.g. reaching a certain level of name
recognised by customers, having special signi- recognition, increasing turnover by 10%, etc.?
ficance for customers and being difficult for the
competition to catch up with. Your USP is an es-  W ho exactly do I want to address?
sential component for the success of your busi-  How should I formulate my advertising
ness! message?
 Which advertising materials and communica-
Pricing – pricing policy tion channels should I use?
Pricing policy covers all decisions on finding the – insert
‘right’ price and ultimately establishing it on the – flyers
market. The realistic price is influenced by fac- – posters
tors such as: – direct marketing: phone, customer clubs/
 Discounts cards, SMS marketing
 Delivery terms – television, radio, cinema
 Payment terms – online: website, search engine advertising,
 Credit terms social media, etc.
– personal sales
You must take these pricing elements into ac- – sales promotions: campaigns, testing,
count when calculating your prices. How should promotions, flyers, etc.
you price your product? Base it on – events, sponsoring
 Your own calculation – cost-plus-profit  What financial resources are available to me?
margin  How will I measure the results?
 Competitors’ products
 Your customers’ ‘value expectations’

www.gruenderservice.at  2.2. MARKETING AND COMPETITION 17


Direct marketing has proven to be a very suc- OUR TIP: You can find more information
cessful form of advertising. It involves prepa- on this and on E-marketing in general
ring advertising letters bearing a personal sa- in the "E-marketing Guide" from the
lutation and sending them out to a precisely
WIFI entrepreneurial service at wko.at
defined target group. This group of people can
then be contacted by telephone. This focused Helpful checklists about deciding on
manner of addressing people reaches the tar- prices, advertising budgets etc. can
get group without losing effectiveness. be found at www.gruenderservice.at
(under Planning/Marketing and
Email newsletters (email marketing) allows for
Competition)
electronic communication with a very specific
target group. This has become a very attractive
option: Company website
 quick and cheap(er) A professional internet presence is especially
 wide reach important. Think very carefully about getting
 can be used for products and/or PR your advertising message across to potential cu-
 adaptable for individual target audiences stomers quickly and easily. The design and user-
 linked to your website/directs customers to friendliness (usability) are important success
your website factors in this regard. With the internet, there are
 electronic customer magazine and effective no regional borders – you are present all over the
tool for marketing and promoting customer world, regardless of your company’s size. There-
loyalty fore, keep in mind that you should build a multi-
 activities usually very easy to measure lingual website that at least includes English.
Optimise your website for mobile devices too
Email marketing is cheap but not free The high- (responsive). Also consider that a website, once
est cost factor is the production of the contents. programmed, should be constantly developed
This should provide the customer with sizeable and updated with current information. You
benefits. The success factors: Relevance and in- should also consider the question of how you will
dividualization. Sometimes free newsletter soft- generate visitors or clicks to your website. Use
ware tools offer good statistics on opening and your homepage as a sales tool. There are several
click rates, as well as layout templates. Learn ways to achieve this.
from these statistics for your next transmission
of emails. Remember that it's the active recei- Pay attention to the conception and program-
vers rather than the size of the distribution list ming of search engine optimization (SEO) so that
that matters. Collect your customers’ email you are among the search engine's top results.
addresses in a customer database and keep this However, the number of visitors your website re-
up to date. Pay attention to data protection regu- ceives can also be improved through paid clicks
lations. in the form of search engine advertisements
(e.g. Google AdWords), banners, newsletter
The legal factors regarding disclosure and un- links, and collaborations. This is one area in
subscribing (e.g. opt-in and opt-out) are also which you should request assistance from ex-
important to email marketing. Consider the cur- perts. The Austrian Federal Economic Chamber
rent legal framework conditions when you im- Companies A-Z offers a range of options for ta-
plement the direct marketing measures. king your first steps online. Use it as an initial

18 2.2. MARKETING AND COMPETITION www.gruenderservice.at


‘mini website’ or additional presentation plat- Be sure there is a constant thread running
form with broad coverage. Editing is free. through all your work when combining these
marketing tools. A uniform corporate image
Present your product portfolio including product (corporate design/branding) implants your com-
pictures, business logo, contact person, e-mail pany in the minds of existing and potential custo-
and homepage address and QR code. Add a link mers and raises recognition. This not only ap-
to your social media profiles, such as Facebook, plies to advertising and communication, but also
Xing, etc. Use the ECG service. Every company to the entire marketing mix. It is no longer suf-
with a website needs to have a valid disclaimer. ficient to consider the classical parameters such
Companies A-Z allows you to present all relevant as the age, gender and income of your target
data though a link or button on your web page group to communicate a goal oriented and suc-
in accordance with section 25 of the media law. cessful company message. Utilise your content
https://firmen.wko.at across several channels at the same and provide
your customers with exciting articles on your
Sales promotions website, an appealing product folder, interesting
Apart from classic online and offline advertising, newsletters, attractive apps, authentic social
direct sales promotion is especially important. It media engagement, interactive infographics or
extends from an attractive place of business all videos, informative studies and customer maga-
the way to personal sales discussions. Therefore zines. There are many options available to you.
it is important to have qualified sales employees. Only by optimally combining your actions within
Besides expertise and product knowledge, good your products, pricing, distribution and commu-
sales employees especially require empathy – nication policies will you achieve your objective.
they have to enquire about a customer’s exact
needs and be able to react to these. Create IMPORTANT: Once you have drafted your
customer loyalty: through samples, testers, marketing concept, ask yourself these que-
vouchers, promotional gifts, sweepstakes, birth- stions:
day cards, etc.  Product/service range: What customer
benefits can I offer and how should I de-
Public Relations (PR) sign my range?
The aim of this is: to generate trust and interest  Market analysis: Who are my customers,
in the public sector and to create a positive cor- who are my competitors?
porate image for your company. How can you What customers should you approach?
influence your image? Try to stay prominent in What are these customers’ wishes?
public discussions. reports in newspapers, open  Advertising costs money – how much will
houses, tours of your business premises and my advertising cost?
supporting social or cultural organisations all  Decide on measures, think about costs!
contribute to enhancing your public image. Give  How will I measure my success?
your creativity free rein – the sky’s the limit – but
do not forget about the online world! Keep your
eye on your business, product or brand through
online research, local rating platforms and so-
cial media networks.

www.gruenderservice.at  2.2. MARKETING AND COMPETITION 19


| 2.3. CAPITAL Capital requirements for goods
REQUIREMENTS and material stocks
A specialist retail business requires the
2.3.1 Capital requirements planning purchase of an initial amount of stock that must
be financed. Craftspeople must usually keep a
One of the essential tasks every new entrepre- number of products and replacement parts in
neur or transferee must complete is the exact stock to ensure continuous operation. Produc-
calculation of their capital requirements. A de- tion businesses require raw materials to manuf-
tailed capital requirements planning helps to se- acture their products and the products produced
cure liquidity and prevent insolvency. must have temporary and final storage sites.
Goods storage facilities cost money and must be
Depending on the business idea, sector and im- financed. You should therefore keep your goods
plementation planning, you will require more or stock as low as possible.
less capital to set up your business. It is therefore
very important to have a realistic estimate of the Ongoing financial requirements
capital requirements for starting the business, It is a long time from the date an order is received
but also for the early stage. In addition to any until you actually receive payment for that order.
purchases of You also need financial resources in order to
machinery, equipment, land or buildings, finan- bridge this gap. In this regard, it is highly impor-
cial resources for purchasing (stored) goods tant to determine whether deferment of pay-
should be taken into account, as well as ongoing ment is common practice or necessary in your
costs in the development stage of the business. branch of business or whether goods are paid for
With regard to all planned purchases, however, at once. In any event, you will have to take a star-
you should consider whether it is necessary to ting-up period into account in which income will
fund these yourself. For example, do you need to be less than expenditure.
purchase your own vehicle for transporting your
goods or could this be organised for you by a pro- In addition to operating expenses for outstan-
fessional transport company? Through careful ding bills, rent, employees, offices, energy, ve-
planning, it is possible to reduce capital require- hicles, interest, etc., you should take account of
ments considerably. personal living costs in particular!

Many entrepreneurs make the mistake of starting Estimating working capital requirements is of-
undercapitalised. That can be their downfall. ten not at all a simple matter. A financial plan can
Keep in mind that it is easier to gain capital before be a great help.
you start a project than after several months with
poor turnover. You should factor in a reserve mar-
gin of about ten percent in any case. 2.3.2 Financial planning as a helpful tool

Capital requirements for investments – real- In your financial planning, you offset your recei-
estate property, buildings, machinery, etc. ved payments against your expenditure on a
Capital requirements for planned investments monthly basis (see diagram on p. 22).
are relatively easy to determine if you gather
offers from various sources, but do not forget to  R
 eceived payments: sales, private
consider additional costs such as property investments, loan commitments, etc.
acquisition tax, notary costs, fees and costs of  Expenditures: for ongoing costs,
acquiring capital. Do not estimate your capital investments, personal livelihood, etc.
requirements too tightly.

20 2.3. CAPITAL REQUIREMENTS  www.gruenderservice.at


At the outset, orders numbers are often lower amount of credit line you will need to cover your
and existing orders are frequently executed ongoing financial requirements. You should plan
some time before they are paid for; therefore, the your sales with a rather conservative approach.
first few months' revenue will usually be lower
than the expenses. Juxtaposing payments and IMPORTANT:
receipts in a list will show you the monthly minus  Make sure you allow for sufficient
(deficit) or monthly plus (surplus). At the outset, financial reserves!
if several months have expenses which are  Try to plan ahead for any ‘unforeseeable’
greater than revenues, a large deficit sum can events you might come up against.
accumulate quickly which must often be pre-  Increase your liquidity, e.g. via
financed via a current-account loan (credit line) rapid accounting.
until the time when the outstanding sums come  Take into account that as your sales rise,
back into the firm through sales. Therefore, ap- your funding requirements will also in-
plying your financial plan, you can estimate the crease.

Determining capital requirements


INVESTMENTSEURO
Property:
purchase price, incidental costs for estate agents, contract costs, taxes, development, etc.

Investment in buildings:
new buildings and conversions, adapting premises, security deposits for rentals and leases

Equipment:
office equipment, machines and tools, storage facility,
Exhibition spaces, other, etc.

Vehicle fleet:
cars, vans, lorries, other, etc.

Other investments:

WAREHOUSE
Starting warehouse for raw materials, auxiliary materials and operating materials,
potentially merchandise

ONGOING COSTS – START-UP COSTS


Start-up costs such as registration fees, company formation
(notary, accountant, tax adviser or lawyer, Company Register) and
ongoing costs to bridge the start-up phase for, inter alia, opening advertisement,
rent, telephone, personal livelihood and wages, until adequate turnover
is reached.

www.gruenderservice.at  2.3. CAPITAL REQUIREMENTS 21


Financial Plan

(= a list juxtaposing payments received and outgoing payments)


Amounts in euros per month/quarter/year

Month 1 Month 2 . . . Month 12

1. Initial available funding

2. Planned incoming payments

Sales (incl. VAT)

From loan commitments

Private investments

Other incoming payments (incl. VAT)

Total incoming payments (1) + (2)

3. Planned outgoing payments

Costs affecting ongoing payments

(incl. VAT)

Payments for investments (incl. VAT)

Payments for materials (incl. VAT)

Private withdrawals

Payments to the Revenue Office

Interest payments / bank charges

Capital repayments

Other payments (incl. VAT)

Total outgoing payments

Deficit / surplus (1) + (2) – (3)

Deficit coverage

Current-account credit / loan

Private investments

Other

22 2.3. CAPITAL REQUIREMENTS  www.gruenderservice.at


| 2.4. FINANCING There is no hard and fast rule about how much
capital you should provide yourself. Depending
Adequate financing is the basis for setting up on the branch of business and financing volume,
your company successfully. However, financing many banks usually require a capital share of
is often a problem for new companies. You have your own between 20% and 30%.
very little of your own capital, and you don’t have
commercial success or references to show yet. Think about whether you can also increase your
Potential investors have a hard time assessing own capital share
your chances of success and thus contributing  by getting relatives, friends and ac-
capital is a big risk for them. quaintances involved,
 by taking on partners by way of incorporation
Therefore you should prepare your financing or
thoroughly and put it in your business plan. Re-  with the help of public or private venture
member, potential investors will need a certain capitalists.
amount of time to review your proposal.
Financing with borrowed capital
For this reason, make sure you know from the Once you have amassed your own capital and
start whatever contributions you can make yourself,
 exactly what financing will you require, you will perhaps discover that you need additio-
 how you will go about getting it and what nal third-party capital, i.e. loans, to finance your
amount you can contribute on your own business-founding plans completely.
 what kind of subsidies are available to you.
IMPORTANT: Third-party capital equals debt.
Interest and repayments must be paid, irre-
2.4.1 Forms of financing spective of revenue. As a rule, you cannot ac-
quire third-party capital without providing
Financing with your own capital collateral and assuming personal liability.
The capital requirement plan you have prepared
yielded a sum that you will definitely need at the Investment loan
outset when you start up your company. Re- Investment loans from your bank serve to fi-
member, you are the very first financer of your nance fixed assets (real estate property, buil-
company – if you cannot contribute any money to dings, machinery, vehicles, etc.) and the renova-
it, why should others do so? A certain portion of tion of buildings. You can get medium-term to
your own capital is thus important and advan- long-term investment loans i.e. over a period of
tageous: you do not have any fixed payments to four to twenty years. The term of a loan should
make and do not need to provide any collateral. correspond to the useful life of the goods con-
Consider first how much of the capital require- cerned. Apply for a loan in sufficient time prior to
ments you can contribute yourself. Make a list of investing. Also remember in this context that
your assets – savings, securities, etc. Think large investment loans and the major share of
about what collateral you can put up for loans third-party capital usually connected with it can
(life insurance policies, building loan contracts, entail a large risk due to heavy interest encum-
real estate, objects of value). Or can you incorpo- brance and high redemption instalments – espe-
rate machines, vehicles or items of furniture that cially in the case of revenues which are declining
you already have into the business? Some things or too low, since the loan must be redeemed out
you will also be able to do yourself, such as ad- of the profits. Discuss with experts (corporate
aptation and renovation works, etc. consultants, financial consultants, the bank,

www.gruenderservice.at  2.4. FINANCING 23


etc.) whether it is sensible and feasible to take lease payments. Your existing collateral remains
out a large investment loan. available for further financing. Depending on the
lessor’s standing in the market, they may be able
Overdraft to offer you price advantages, such as more eco-
Overdrafts (also known as working capital loans) nomical insurance premiums when leasing a
serve to finance ongoing business and payment motor vehicle.
transactions. All ongoing transfers are made via
this account. You can dispose of such a loan fre-
ely up to the amount arranged with the bank
OUR TIP: During the lease contract
(credit line). It is flexible and not bureaucratic, negotiations, attune the amount of the
and interest is only calculated on the loan leasing rate to your finances over the
amount actually used. However, overdrafts terms of the lease agreement, down
should only be used as a means of short-term payments, and agreements on the
financing, i.e. for ongoing payments and not for residual value.
investments, as there are additional charges and
fees, as well as higher interest rates, for such a
flexible form of loan; Your financial plan will give
you an idea of how big your overdraft should be. Venture capital financing
Venture capital is a type of equity investment fi-
Leasing nancing and thus a form of risk capital or equity
Simply stated, leasing is paying a fee for the use capital. Venture capital companies maintain hol-
of something – just like renting. Nowadays you dings in new companies with the objective of
can lease almost anything – from telephone profiting from the invested capital when the hol-
equipment to an industrial building. As opposed dings are further sold. Equity investment com-
to a bank loan, which you use to purchase panies generally focus on a limited circle of new
something that then becomes your property, a entrepreneurs
leased object remains the property of the leasing  with innovative ideas,
company for the duration of the contract. Thus  above-average chances for growth and
there is a distinction between the user of an ob- revenue,
ject and its owner.  who submit a detailed business plan,
 who are persuasive in demonstrating their
A word of caution: Although you are not the ow- entrepreneurial capabilities and
ner of the leased object, you bear all the risks  who are asking for a correspondingly high le-
connected with the leased object and its use. As vel of financing – approx. EUR 400,000 and
a rule, the lessee is also responsible for mainte- above – depending on the individual case and
nance and repair as well. But leasing does have on the venture capital provider.
its advantages: Instead of paying out a large,
one-time sum, the leasing instalments spread Therefore, private venture capital is not an option
your outlays over a longer period, The aim of this for most company founders.
is: to be able to cover the outlays by ongoing re-
venue. Moreover, collateral is rarely required in The state-run aws Start-up Fund provides in-
a leasing arrangement, which makes financing vestment capital for young, growth-oriented
easier or even possible at all. Depending on the companies with innovative products or services.
leased property, the lease provider may ask for a Investment is arranged in line with market
deposit. This will be in the form of an advance conditions. The investment amount is between
payment, which will reduce the amount of the EUR 100,000 and EUR 3 million. The state busi-

24 2.4. FINANCING  www.gruenderservice.at


ness development bank, Austria Wirtschaftsser- Since crowd investors generally do not have
vice GesmbH (aws), handles the procedure. co-determination rights, the entrepreneur fully
reserves the right to make decisions. Crowd
Further information on venture capital is avai- investors hold a stake in the company and are
lable in the brochure "Angels, VC & Co – Alterna- either in possession of profit participation secu-
tive Finanzierungen" [alternative funding] at rities or fulfil the conventional role of silent part-
www.gruenderservice.at (under Publications). ners and may possibly lose money, but no more
than the amount they originally invested. The
Business Angels money invested in this way is therefore also used
Business angels are persons who assist new to provide equity capital for the company.
companies with equity capital and also with ma-
nagement experience and business contacts. The transaction is usually carried out through
They are commercially independent, most of crowd funding platforms that present the con-
them are successful entrepreneurs or managers cept online, prepare contracts, provide consulta-
and are experienced in business life. They often tion, and support the implementation using
invest smaller amounts – from EUR 20,000 up- technology and standardised processes.
wards – in young companies with innovative
ideas and high growth potential, and can thus You can obtain information on crowd investing
provide a useful stopgap especially when the risk and Austrian crowd platforms in
is too great for a bank and when the capital re- the brochure "The Power of the Crowd"
quirement is too low for an investment company. www.gruenderservice.at (under Publications).
Referrals between companies and business an-
gels are conducted in Austria via “aws i2 Busi- Supplier credit
ness Angels” operated by the Austria Wirt- Supplier credit is the easiest but most expensive
schaftsservice GmbH. form of loan. You do not have to apply for it and it
is granted informally. This ‘supplier credit’ is
In the framework of co-investments, the state- created by not paying for a good or service upon
run fund known as the aws Business Angel receipt, but rather at a later date. You do not need
Fonds doubles the risk capital invested in young, to provide any security.
Austrian companies by business angels. For
more information, please visit www.aws.at The supplier generally grants you a payment pe-
riod (payment target) of 30 days, for example.
Crowdfunding This may seem like an attractive offer at first. If
In contrast to venture capital and business an- you pay earlier, however, you may get a discount.
gels, crowdfunding does not involve individual The payment condition may read, for example,
investors. Instead, a large group of people sup- “payable within ten days of date of invoice with a
ports an idea, by investing relatively small discount of 2%, or within thirty days without any
amounts of money. With the support of crowd discount”.
funding, ambitious and high-risk projects can be
implemented. Therefore, crowd funding is a coll- This means you pay 2% for 20 days’ credit (30
ective term for various kinds of investment. This days minus 10 days) – this is equivalent to an an-
usually involves crowd investing in the business nual interest rate of 36% (2% for 20 days means
world. This is when crowd investors invest small 36% for 360 days, i.e. a year).
amounts, usually from EUR 100 upwards, in
young companies using a platform.

www.gruenderservice.at  2.4. FINANCING 25


It is therefore more cost-effective to pay the in- Purchase financing – finetrading
voice within the discount deadline, using the cre- Finetrading is a way of financing goods pur­
dit facility you have agreed with your bank in or- chases. It serves as an alternative to traditional
der to do this if necessary. overdraft facilities or supplier credit. The finetra-
der acts as an intermediary between the sup-
Customer down payments plier and the purchaser. The goods are ordered
Down payments are an extremely advantageous by the finetrader according to the terms negot-
form of financing. The customer pays you part of iated between the supplier and the purchaser.
the bill in advance, via which you can settle your After the goods have been delivered to the
preliminary accounts for the order, purchasing purchaser, the finetrader settles the supplier's
goods, preliminary work, etc. without outside invoice within the discount deadline and grants
financing. However, there is a catch; down pay- the purchaser a longer payment deadline of up
ments are not customary in all branches of busi- to 120 days.
ness and you, as a newcomer on the market,
must first of all attract customers – which means With finetrading, purchases can be financed in-
that down payments are not always a workable dependently of normal bank financing. The sup-
option. Where they are possible, however, you plier gets paid immediately, and the purchaser
should definitely take advantage of them. gets more time to pay.

Factoring Finetrading is mainly intended for sectors with


Factoring is a financing alternative if your cur- high levels of goods purchases, and comes at a
rent receivables (outstanding invoices with pay- cost. The fees depend on various factors, such as
ment deadlines) are worth EUR 150,000 or more. the customer's creditworthiness, the payment
With this method, you assign a part of your cu- terms or credit insurance and are usually nego-
stomer receivables to a factoring company and a tiated individually.
part of the invoice total (generally about 80%) is
paid out to you at once. You receive the remaining
part of the sum when your customer has paid the
factoring company. But of course, this financing
instrument is not free.

The factoring company deducts interest from the


sum to be paid in order to pre-finance the recei-
vables, as well as a factoring fee. The latter fee
depends on the amount of the factoring sum, the
number of receivables assigned and the sup-
pliers. It is usually 0.2% to 1.5% of the gross sum.

As a rule, factoring companies also provide ad-


ditional services such as debtor bookkeeping,
dunning and cash collecting.

26 2.4. FINANCING  www.gruenderservice.at


2.4.2 Financing discussions/  W
 ritten loan commitment: Have the loan
Bank meetings commitment confirmed in writing.

Whether you wish to take out a bank loan, use  Coupling to the reference interest rate: Nego-
equity capital or take advantage of subsidies to tiate to have the interest rate coupled to the
found your business – your potential investors reference interest rate (e.g. EURIBOR). In this
will want to know precisely what they are inve- way, you will spare yourself ongoing negotia-
sting their money in, so it is absolutely neces- tions on the interest rate with the bank and
sary that you have a business plan ready for you can assume that interest changes will
every financing discussion. The more profes- correspond to the market. Find out how long
sional and persuasive your business plan, the the interest rate is fixed and the variable on
easier it will be for you to get the money you which it will subsequently be dependent.
need.  Possible subsidies: Enquire right at the outset
The meeting with the bank – checklist about possible subsidies (e.g. at your Austrian
Naturally, the bank is an essential partner for the Federal Economic Chamber).
borrowing process. Consider the following tips
to prepare yourself to talk with the bank:  C
 ollaterals: Consider what collateral you can/
want to offer the bank (suretyships, mortga-
 Plausible documents: Be well prepared: draw ges, etc.).
up a business plan, concept and plan calcula-
tions. The plan calculations must show that  Think of the bank as your partner in monetary
you can pay back your debt! matters and keep it informed of your ongoing
business success level. Should you have addi-
 What is to be financed? Consider in advance tional financing requirements (e.g. a short-
what exactly you want from the bank. Resolve term extension of your overdraft limit), talk to
clearly in your mind what you actually want your bank about it right away. Do not wait until
from the bank – an investment loan, an over- the bank contacts you about such an overdraft
draft, for which investments or working capi- extension.
tal, how much, for what term, etc.
 Financing principles: When seeking finan-
 Compare offers: Obtain offers from several cing, take into consideration the various ‘fi-
banks. nancing principles’. For example, the term of
a loan should correspond to the usable life of
 Capitalisation: Negotiate quarterly capitalisa- the investment goods.
tion as a maximum (loan accounting basis on
which interest is charged). High-frequency  C
 onsult experts: Loan agreements are gene-
capitalisation can make your loan significantly rally comprehensive and contain a multitude
more expensive. of clauses; laymen often find it impossible to
understand their meaning and consequences.
 Negotiate an effective interest rate: An effec- We recommend that you consult neutral ex-
tive interest rate takes into account all one- perts (corporate or financial consultant) to
time and ongoing charges as well as an an- choose the best financing.
nual interest settlement. It allows you to
compare costs directly among various loan
quotes.

www.gruenderservice.at  2.4. FINANCING 27


What does a loan really cost?
The cost of a loan is more than just the interest
Our TIP: Show your bank documenta-
rate. It also depends on the loan’s term, the in- tion on planning and calculations.
stalment frequency, and the due dates of the in- By doing this, you will help the bank to
stalments. Moreover, you should determine any understand your business more clearly,
expenses and costs they generate, the amount of which may have a positive effect on your
loan commission fees, how interest is calculated creditworthiness.
(the date on which the interest portion of the in-
stalment is fixed) and the way redemption is cal-
culated (i.e. the time at which redemption is de- To be able to establish yourself as a prospective
ducted from the residual debt). In other words, independent with a budget, a range of preparati-
don’t judge the cost of a loan merely according to ons are useful and even necessary. With a mini-
the interest rate; take into account all the other mum turnover calculation, for example, you can
terms and conditions involved. When comparing determine how much turnover you will need
two quotes, it is therefore entirely possible that to generate in order to cover fixed costs, expec-
you will find that the one with the apparently lo- ted operating costs and private expenses
wer interest rate is in fact less economical due to (employer's salary). The various costs will be ex-
other terms and conditions of the loan. Have an plained later. In this way, you can calculate how
expert look over the loan quotes (corporate or much you will need to turn over in order to cover
financial consultant). business expenses and your desired employer's
salary. This is particularly helpful when carrying
out your initial calculation of prices and hourly
wages.
| 2.5. BUDGET
Our free minimum sales calculator will guide
Precise calculation of revenues and costs is ne- you in calculating the minimum turnover. Find it
cessary to reflect the future company in figures. here: https:// www.gruenderservice.at/
Failure to plan means you are ‘flying blind’ and mindestumsatzberechnung
leaving a lot of things to chance. The budget pro-
vides information about capital requirements, You can use this to calculate the absolutely ne-
expected profits and tax liability or shows the cessary turnover you will need in order to cover
minimum amount your business will need to your private expenses, forthcoming fixed costs
turn over in order to survive. The budget is gene- and expected operating costs.
rally the basis for negotiations with banks, sup-
pliers, customers, authorities and funding bo- The online minimum sales calculation is a rough
dies. Planning is therefore one of the fundamen- overview calculation: it is not about determining
tal tasks of an entrepreneur. exact numbers, but about providing prospective
entrepreneurs with a focused sensitisation to
business questions. This facilitates a realistic
view of the financial challenges, and prevents
unpleasant surprises that could put the success
of the founding into question.

28 2.5. BUDGET www.gruenderservice.at


2.5.1 T
 he basic schema for influences on the planning, you need to deter-
planning results mine the most important influential factors and
include them in the calculation. For example,
Essentially, you take four factors into account in such framework data includes the economy:
your planning when calculating your overall ope- economic growth, inflation, trend of interest ra-
ration: tes, and sector/market: collective bargaining
agreements, development in the branch of busi-
 the planned revenues, ness (concentration, growth, saturation, etc.),
 the variable costs, developments in raw materials and suppliers.
 the staff costs and
 the fixed costs. Note: The price of a product or an hour of service
is the result of supply and demand on the mar-
Planned revenues (quantity/hours x price) ket, the competition situation and your own cost
- planned variable costs situation.
Contribution margin / gross yield
- planned personnel costs The time frame for budgeting
- other planned fixed costs It makes sense to draw up a budget on an annual
basis for the first three years. For the first year,
Operating result the budget should be split into months or quar-
ters. This way you can draw up a comparison of
target/actual figures later on using the data from
2.5.1.1. Framework data for planning your accounting. Depending on the operation
Your plan calculation is always aimed at the fu- type and the purpose of the plan, however, there
ture. In order to take account of the anticipated must be individual differences.

Short-term Mid-term Long-term


Up to 1 year 1 – 4 years Over 4 years

Very detailed – Detailed –


Rough planning
Per month or quarter Annual planning

www.gruenderservice.at  2.5. BUDGET 29


2.5.1.2. Planning of costs can often present a large and variable cost cen-
In the first step, you should clarify the situation tre. For this reason, services that you also buy in
with regard to costs that you will incur. These (graphic designers, programmers, etc.) are to be
concern operating costs on the one hand, budgeted into your revenue plan.
but also personal costs (required for the
entrepreneur’s salary). In order to determine the Take the following factors into account when cal-
personal costs, it is recommended that you draw culating variable costs:
up what is known as a ‘budget sheet’. This  material costs
budget sheet informs you about which private  cost of goods
expenditures you must cover with your  auxiliary material etc.
entrepreneur's salary.  purchased services

It is advisable for entrepreneurs who are produ- 2.5.1.4 Calculation of personnel costs
cers to allocate operating costs according to Personnel costs are a major expense factor in
fixed and variable costs. This is a greatly simpli- every company. Therefore, you need to plan
fied approach which has proved to be very hel- them for all your employees, including inciden-
pful in practice. Fixed costs are those that are tal wage costs. Annual personnel costs are
incurred independently of production, while va- made up of the following costs (outlined below
riable costs only arise upon production per item in a simplified form):
and therefore directly depend on the production  gross wages (salary), at least within the
volume. range of the collective agreement, 12 x per
year
Industry figures (such as the ratio of turnover to  plus two separate payments for holiday pay
materials used or staff expenditure) can also be and Christmas bonuses
helpful in determining costs, as they show whe-  plus the employer's social insurance contri-
ther the planned approaches you have selected butions
are realistic. Industry figures can be found here  plus employer contribution and surcharge,
wko.at, for example. municipal tax and employee pension fund

A realistic, conservative approach has proved its On the homepage of the Federal Ministry of
worth in the planning of costs. You should there- Finance (www.bmf.gv.at), you will find a wide
fore also consider costs that you may potentially variety of online calculators to help you simplify
be faced with. the calculation of labour costs. The wage cost
calculator will help you determine the labour
2.5.1.3 Calculating Variable Costs costs for one employee and even the costs of
In principle, variable costs depend on the volume attendance and production per hour.
produced and sold. For example, a carpenter will
always have variable costs when producing a kit-
chen. In this case, the costs would be for materi- OUR TIP: To simplify things, annual
als such as wood, fixtures, screws and of course personnel costs can be calculated as
the expense of buying the kitchen appliances. follows: (gross monthly wage x 14) +
But even for service providers. such as adverti-
32% for incidental wage costs
sing agencies for example, outsourced services

30 2.5. BUDGET  www.gruenderservice.at


Do not forget the entrepreneur's salary! In the 2.5.1.6. Calculation of depreciation
case of sole proprietorships and entrepreneurial For depreciable fixed assets such as office furni-
partnerships, it is necessary to take the imputed ture, PCs or vehicles, the loss of value should be
entrepreneur's salary into account. This should distributed evenly across the average useful life
amount to between EUR 20,000 and EUR 50,000 of the asset and recorded in the form of a depre-
per year, and should at least cover the private ciation to the acquisition or production costs of
living expenses of the entrepreneur. the asset. Each year it is used, only an invariable
depreciation amount can be declared – linear
2.5.1.5. Calculating fixed costs AfA (deductions for wear and tear). To calculate
Fixed costs are independent of orders and can- the annual AfA amount, divide the asset or pro-
not be cut within a short period of time. They acc- duction costs by the operating life in years. The
rue in every company, although they differ in law only prescribes an operating life for a few
terms of amount, type of expenditure and com- fixed assets. An example is the statutory depre-
position. It is therefore important to consider all ciation period of a car over eight years. Empirical
fixed-cost items and to determine the expenses values can also be seen in AfA tables for general
clearly and comprehensibly. Fixed costs include: assets. When the costs have been determined,
 maintenance, repairs the next step is to plan the income (sales).
 electricity
 water
 heating 2.5.3 Planning the revenue
 business premises rental
 equipment rental There are various surcharges or hourly rates,
 franchise fees depending on the industry (service, trade or pro-
 office expenses duction).
 telephone, fax, postage, internet
 social insurance You must always take account of bottleneck si-
 property insurance tuations in your company when planning reve-
 vehicle costs nues. A bottleneck can occur in sales (quantity),
 travel expenses, allowances personnel (skilled employees, know-how, etc.)
 training or in production (technology, supplies, raw ma-
 legal and consultancy costs terials).
 marketing
 low-value assets, tools Two main factors influence the amount of reve-
 other costs nue: the price and the quantity of a sale (price/
 other taxes, levies, contributions sale function). You can apply available past figu-
 leasing res, your own market experience and forecasts
 investment depreciation to help calculate the sales volume. Sale prices
 interest, bank charges will be oriented to existing market prices, inclu-
ding possible modifications, innovations, etc.

www.gruenderservice.at  2.5. BUDGET 31


From experience, the revenue plan is the most Ask yourself the following questions,
difficult because you are heavily reliant on your for example:
customers. For this reason it is advisable to plan  How many hours do I want to work per
very conservatively. When planning turnover, it is week?
often helpful to break down the turnover into  What does my typical weekly plan look like?
days, items, guests, average consumption etc.  How long will preparations take?
This will create a framework of figures that will  How many hours will I need for
enable the turnover to be extrapolated more ea- administrative tasks?
sily.  Should travel time be taken into account?
 How many saleable hours can I really
Use scenarios for your calculations in this area manage per month?
too. In practice, three scenarios are often used:
an aggressive scenario (best case scenario), a Our TIP: Calculate the total billable
realistic scenario (most likely scenario) and a hours in a traceable and logical manner.
conservative scenario (worst case scenario). In the process, also think about public
This will enable you to analyse different develop- holidays, leave, illness and other
ments.
non-billable hours (administration,
preparatory work, setting-up time,
Our TIP: Always try to provide compre- etc.).
hensible reasons for your assumptions
regarding quantity and prices. Also Example calculation: To calculate the saleable
explain the planned sales measures. hours, we take the number of weeks in a year (52
weeks) and subtract leave, public holidays and
absences (e.g. six non-working weeks per year).
This gives us the actual number of working
Revenue in the service sector weeks available per year to you as an entrepre-
In the pure service industry, the saleable hours neur: 46 working weeks. In this example, with a
must be determined in advance. It should be ta- calculation of five days per week and eight hours
ken into consideration here that travel time, per day, you will have 1,840 hours per year avai-
hours spent on administrative activities, prepa- lable for work (46 working weeks x 5 days x 8
ration, etc. are not regarded as saleable hours, hours = 1,840 working hours per year). These
as your customer will not normally pay for them. yearly hours are of course not 100% calculable
Begin by planning on the basis of one week and and are reduced by the ‘unsaleable hours’.
extrapolate the result (leave, public holidays and
any sick days must not be disregarded in the ex- Unsaleable hours are those which you as the
trapolation, however). business owner spend on marketing, canvassing
for customers, administrative tasks, writing in-
voices, preparing accounts, or performing other
non-chargeable work such as compiling quota-
tions. Of course, as a business owner, you will
normally spend more time on administration
and therefore have more non-saleable hours

32 2.5. BUDGET  www.gruenderservice.at


than an employee. That must also be taken into will arrive at the minimum billable hourly rate.
account. It is extremely useful to plan saleable This allows for a comparison with other services
and non-saleable hours on the basis of a short in your industry, especially in the service indu-
time span, such as one week, and then to extra- stry.
polate this to one month or one year.
If the minimum billable hourly rate is well above
To get a feel for what hours you can actually the comparable hourly rates in the industry, this
charge for, it is advisable to record your hours in may be because your fixed costs are very high or
a calendar. This is because even if you make esti- the selected entrepreneur wage was set very
mates in the beginning, you can adjust your cal- high, for example. By contrast, an hourly rate be-
culations with post controls. low the industry average is a sign that your cost
structure might be more efficient than those of
To continue the example we have begun, let's the average entrepreneur. This occurs, for ex-
assume an adjustment for non-saleable hours of ample, when you don't require any office space
30% of the yearly working hours for the entre- as a business owner or plan few investments to
preneur as well as for an employee. After the start business operations.
adjustment, we are left with 1,288 saleable wor-
king hours per person per year (46 working Our TIP: Use ‘Plan4You’ to create a
weeks x 5 days x 8 hours x (1-30%) = 1,288 complete business plan for free.
saleable working hours per person per year). Further information and a link to
the tool can be found at
The minimum sales calculator divides the mini-
www.gruenderservice.at/businessplan.
mum sales by the saleable hours; this way, you

Example: Calculation of saleable hours


Entrepreneur 1 employee
Weeks in a year 52 52
– Leave 3 5
– Public holidays 2 2
– Sick days and other time off 1 2
Work weeks 46 43

Number of employees 1
Days/week 5 5
Hours/day 8 8
Hours in a year 1,840 1,720

– Correction (unsaleable hours) in % 30 15


Saleable hours 1,288 1,462

Total saleable hours (employer and employee) 2.750

www.gruenderservice.at  2.5. BUDGET 33


| 2.6. SUBSIDIES NOTE:

There is a wide range of subsidies available.  There is no legal right to a subsidy.


There are subsidies for existing businesses and
for start-ups at national, state and sometimes  Submit subsidy applications in sufficient
even municipal levels. Options and types of time, remembering that processing can take
subsidies are dependent on several factors (e.g. quite some time.
new start-up or takeover, amount of investment,
industrial sector, location of business, business  The
 bank will ask for securities from you,
concept, degree of innovation or growth poten- e.g. savings deposits, mortgages,
tial). guarantees, etc., before issuing low-interest
loans.
IMPORTANT TIPS:
 Y
 ou usually have to submit your documents
 P
 lanning your project and developing your to your local bank.
concept: The first step towards obtaining fun-
ding is to draw up a detailed plan of your pro-  You must usually be self-employed
ject. The project plan is important both for you ‘full-time’ in order to apply for subsidies.
and for your financing meeting with your
bank. It is often an essential part of your fun-  Subsidies only represent support for your
ding application. financing proposal, but should never be the
basis of your decision as to whether to
 M
 ake use of guidance: The subsidy database implement your business idea or not.
of the Austrian Federal Economic Chamber at
wko.at/foerderungen will give you an initial
overview of possible subsidies. You can also
get advice about funding options at your local
branch of the Federal Economic Chamber or
from your bank.

 A
 pplying for subsidies: As a general rule, you
should apply for funding first, then invest! It is
important in this regard that the application is
submitted in good time; i.e. before the first
binding order of system parts and/or machi-
nery, before delivery, before the start of con-
struction or before any other obligation that
makes the investment irreversible, whichever
of these is earlier. A subsidy is generally not
possible if the application is made later. It is
therefore all the more important that you find
out about subsidy opportunities in good time.

34 2.6. SUBSIDIES  www.gruenderservice.at


THE MOST IMPORTANT
STATE FUNDING BODIES

Austria Wirtschaftsservice (aws)


Business-related economic support (except
for the tourism and leisure industries)
www.aws.at

Österreichische Hotel- und


Tourismusbank (ÖHT)
Subsidies for investment in the
tourism and leisure industry
www.oeht.at

Kommunalkredit Public Consulting GmbH


(KPC)
Subsidies for businesses in the
environmental and energy sectors
www.umweltfoerderung.at

Österreichische Forschungsförderungs-
gesellschaft (FFG)
Subsidies for business-linked
research and development
www.ffg.at

Arbeitsmarktservice Österreich (AMS)


Support for people going fully self-employed
for the first time, and subsidies to help with
employing staff and employee training
www.ams.at

www.gruenderservice.at  2.6. SUBSIDIES 35


2.6.1. Overview of key state subsidies

GRANTS
Grants are usually understood as subsidies that do not need to be paid back. Grants therefore
reduce the amount you need to spend on investments/costs.

Support for new tourism businesses (up to one year


Tourism industry after start-up) for investments between
new entrepreneur support EUR 20,000 and EUR 25,000.
(ÖHT) -> Grant up to 15%
All information at www.oeht.at

STATE-SUPPORTED CREDIT FACILITIES


State-supported credit facilities are a form of borrowing with government support and thus more
favourable conditions. This borrowed capital must be secured and paid back.

Support for investment in fixed assets


ERP start-up
-> low-interest loans between
microcredit
EUR 10,000 and EUR 500,000
(ÖHT and aws)
All information at www.aws.at or www.oeht.at

Support for investments in takeovers of tourism businesses


Takeover initiative
-> low-interest loans between EUR 350,000 and EUR 1 million
(ÖHT)
All information at www.oeht.at

Support for investments in


businesses set up by unemployed persons or
Microcredit
those at a disadvantage in the labour market
(ÖSB)
-> up to EUR 12,500 credit with fixed interest rates
All information at www.dermikrokredit.at

36 2.6. SUBSIDIES  www.gruenderservice.at


GUARANTEES/ ASSUMPTIONS OF LIABILITY
If the security offered by the subsidy applicant is not sufficient for a bank loan, institutional guaran-
tors can assume (some of the) default liability in relation to the lending bank.

Assumption of liability for investment loans


Start-up guarantee -> guarantees up to 80% of the loan, max. EUR 2,5 million
(aws) All information at www.aws.at/foerderungen/
aws-garantien-fuer-junge-unternehmen/

Assumption of liability for investment loans for


Tourism industry new
tourism businesses
entrepreneur liability
-> guarantees for up to 80% of the loan, max. EUR 4 million
assumption (ÖHT)
All information at www.oeht.at

Assumption of liability for doubling equity capital


to facilitate the financing of innovation and growth projects
Double equity guarantee
-> guarantees up to 80% of the equity capital contributed
(aws)
All information at www.aws.at/foerderungen/
aws-double-equity

EQUITY INVESTMENT
These improve the equity capital situation of the business. Different investments vary in duration,
intensity and repayment terms. There are investments with and without the right to have a say in
how the business is run.

Investment in young companies with growth potential which


do not manage to obtain sufficient bank financing in the high-
Start-up fund
risk early stages.
(aws)
-> investments of between EUR 100,000 and EUR 3 million
All information at www.gruenderfonds.at

Support in the form of an investment by the aws


following a business angel investment
Business angel fund
-> co-investments of EUR 250,000 upwards
(aws)
All information at www.aws.at/foerderungen/aws-business-
angel-fonds

Arranges private investors for growth projects


i2 Business Angel -> private venture capital up to EUR 500,000
Exchange All information at www.aws.at/foerderungen/aws-i2-
business-angels

www.gruenderservice.at  2.6. SUBSIDIES 37


EMPLOYING STAFF
There are non-repayable grants available for employing staff.

Support for one-person businesses in which the entrepreneur


One-person business
has been self-employed for at least three months (GSVG-in-
support for entrepreneurs
sured) and which are now taking on their first employee
taking on their first
-> 25% of the gross salary for 12 months
employee (AMS)
All information at ams.at

SUBSIDISED CONSULTATION AND INFORMATION


Get free or subsidised advice on developing and planning your business idea.

The Business Start-up Service, the service departments and


Advisory services
the district and regional branches of the Austrian Federal
from the
Economic Chamber can provide you with free advice about
Austrian Federal
setting up your business. For all information, see 5.3. Start-
Economic Chamber
up services in Austria, page 119

In many states, consultations with business advisers e.g. on


drawing up a business plan, marketing, financing etc. are
Subsidised
subsidised by the Austrian Federal Economic Chamber and/
business consultation
or the federal and state governments. For all information,
see 5.3. Start-up services in Austria, page 119

Scale Up helps start-ups in the academic sector with advice


and support.
Scale Up
All information at:
https://www.aws.at/foerderungen/aws-aplusb-scale-up/

38 2.6. SUBSIDIES  www.gruenderservice.at


START-UP SUPPORT FOR UNEMPLOYED PEOPLE
The AMS supports unemployed people starting their own businesses.

Support for unemployed persons who want to become self-


employed full-time. This support can take the form of advice,
Business start-up training and start-up aid.
programme of the Arbeits- Applications can be submitted to your regional AMS office.
marktservice (AMS) All information can be provided by your AMS or found at
www.ams.at -> Subsidies for businesses

2.6.2 Other federal subsidies For a business to be classed as a new business,


a new operational structure must be created. To
 Exemption from certain charges and taxes be classed as a facilitated business transfer, the
(NeuFöG) business must be owned by a different person.
Under the New Business Foundation Support The business owner (the person who has started
Act (NeuFöG), new businesses and business up or taken over the business) must not have
transfers may be exempted from certain taxes performed the same activity on a self-employed
and charges under certain conditions. The ex- basis during the last five years, either in Austria
emption mainly relates to: or abroad.
– court costs for entries in the Company Register
– start-up stamp duties and federal administra- If an application is made for an exemption from
tion fees fees, a NeuFöG form (declaration of start-up)
– property acquisition taxes and the court costs must be submitted along with the application to
for entry into the Land Register, if corporate the bodies concerned (e.g. Company Register,
rights or shares are granted for obtaining real Revenue Office etc.) A retrospective submission
estate in newly-founded companies. For busi- of the form and the refunding of payments al-
ness transfers there is a tax-free allowance for ready made is not possible.
property acquisition taxes.
– If you take on employees within the first 36 The form in question can be obtained from the
months of setting up a new business, you will Start-up Service, the technical groups and the
be exempt from certain wages taxes in the district/regional offices of your Austrian Federal
amount of 6%. Please note: this does not apply Economic Chamber, or it can be sent by electro-
to business transfers. nic means, if you have the technical resources to
– vehicle registration and re-registration, if this access it, via the Business Service Portal (www.
procedure involves essential operational bases usp.gv.at).
(e.g. bus companies, firms forwarding goods,
taxi and car rental enterprises). Please note:
only for business transfers.

www.gruenderservice.at  2.6. SUBSIDIES 39


 Subsidies
 other than young entrepreneur –C
 reative Industries: There are special
subsidies subsidies available for businesses in the
Please note that there are also other kinds of creative industries (Impulse XS and XL sub-
special subsidies available apart from the young sidies). Support is provided for projects in
entrepreneur subsidies, e.g. creative fields such as design, architecture,
– Innovative Investments: Funding program- multimedia/gaming, fashion, music busi-
mes from Austria Wirtschaftsservice GmbH ness/utilisation of music, audio-visual media
(aws), www.aws.at and film/film utilisation, media and publis-
– Research and development: aws funding hing, graphics, advertising and the art
programmes, www.aws.at and funding market. The support on offer ranges from
programmes of the Austrian Research financial assistance to training opportunities
Promotion Agency (FFG), www.ffg.at to awareness campaigns. Information at
– Energy and environmental conservation: www.aws.at/kreativwirtschaft
Funding programmes from Kommunalkredit
Public Consulting (KPC), 2.6.3.Regional support
www.umweltfoerderung.at
– Internationalisation activities: The interna- Apart from the aforementioned nationwide pro-
tionalisation campaign "go international" grammes, the federal states and some commu-
offers a wide range of export subsidies for nities support business founders with support
companies which are starting to export for programmes of their own. Enquire in your state
the first time or entering new markets, about the regional subsidies available there.
www.go-international.at

40 2.6. SUBSIDIES  www.gruenderservice.at


| 2.7. SELECTING A as an individual, it is possible to agree on co-
LEGAL FORM operations with others. The areas that lend
themselves to cooperation can cover all busi-
What is the right legal form for my company? ness functions, from acquiring raw and auxiliary
Every entrepreneur is faced with this question. materials and supplies, to manufacturing, all the
There is no blanket answer to this question as way to distribution and service provision or sha-
every start-up is different. Certain features of a ring equipment. The level of the co-operation
legal form could be seen as especially suitable can be freely organised. Depending on the objec-
and attractive in one case, but could be imprac- tive, both a loose co-operation with independent
tical and disadvantageous for others. enterprises and the founding of a joint company
are conceivable.
It is important to analyse the respective features
with regard to liability, powers of representation, What to take into account when
capital expenditure, formation expenses and ta- founding a partnership?
xes and to carefully weigh the perceived advan- When founding a partnership there is always the
tages and disadvantages of the various legal risk of choosing your partner on an emotional
forms. Our online guide leads you through these basis rather than a purely professional one. Ho-
relevant aspects. You will receive targeted sug- wever, this does not mean that you should ignore
gestions and the practical guide will explain why your feelings and your intuition. the most impor-
a legal form appears suitable or inappropriate. tant prerequisite for success in business is trust
https://www.gruenderservice.at/ in your partner.
rechtsformratgeber
Still, consider carefully all the same whether you
Alone or with a partner? have indeed found the right business partner by
This is one of the most important decisions you asking yourself these questions:
will have to make. It is also contingent upon the  Do you already know your future business
business concept and the framework conditions partner? Have you already worked with them
relating to your planned business start-up. constructively and efficiently in a team?
 Are their personal finances in order?
Advantages of founding a business with a part-  Does your business partner have the personal
ner/partners aptitude to be an entrepreneur? Do they enjoy
 complementary experience, knowledge and a good reputation in the business sector in
skills which you are aiming to work?
 better work distribution and time saving  Is the ‘chemistry’ good between you and your
 easier raising of capital business partner?
 less founding risk  Could your business partner also successfully
 more dynamic company growth found and run a business without you? Why do
 greater chances of success they need you?
 What would be the consequences for you if the
However, the drawbacks lie in the fact that your partnership were to fail?
individual decision-making is restricted, every  Since this matter is an extremely complex
partner is liable for the others’ errors and it one, we recommend that you reflect upon the
often takes longer to reach firm decisions. The adage, “Look before you leap.” Maybe even
alternative? It is worth looking into whether, discuss these questions with your life partner.

www.gruenderservice.at  2.7. SELECTING A LEGAL FORM 41


What legal forms are there? There is no such thing as an “ideal” legal form;
A company’s legal form defines both the legal everything depends on the function it is to have.
relationships within the enterprise and those
with external parties. Carefully consider the cri- Remember, no legal form will be permanently
teria of personal, tax, administrative and com- advantageous. After all, no matter how many re-
mercial law criteria when choosing a legal form asons there are for making a selection at the
for your business. outset, any one of them can change considerably
over time. Therefore, review the legal form you
It is as complex as it is important to consider the choose at regular intervals, every few years.
optimal entrepreneurial form and thus the issue Here is an overview of the most common legal
of company law. Your decision must take into forms:
account the factors of trade law, liability, social
insurance and tax law. You must also determine
how decision-making is to be structured and 2.7.1 Sole proprietorship
establish whether the legal form you are consi-
dering seems expedient in terms of founding The “owner” of such a business is an individual
costs, ongoing expenses and business manage- person who runs it. “Owner” means that the per-
ment alike. son can be both owner and lessee. As sole pro-
prietor, you are liable without limitation – with all
For just these reasons, it makes sense to reach your personal assets at risk – for your business’s
your final decision with the help of experts who debts. You bear all the risks – but because you do
can estimate the advantages and drawbacks in- so, you also reap all the benefits.
volved in individual plans and circumstances.
The fact that you are a sole proprietor does not
The comparison below is intended to give you a mean that you are entirely dependent upon
rough overview of the options available when yourself alone. You may hire employees, viz. con-
determining a legal form, and can essentially clude employment contracts and avail yourself
provide an initial broad assessment by applying of the support and cooperation of your family.
these four preliminary questions:
 F
 ounding: As a rule, a sole proprietorship
commences upon registering the trade and/
1) How deeply do you want to commit to your or with the validity of the assessment deci-
potential business partner(s)? sion.

2) Do you wish to assume personal liability –  C


 ompany Register: As a sole proprietor, you
perhaps for your business partner’s errors must only enter yourself in the Company
as well? Register once you have reached the level of
accountability. The accountability limit is
3) How can you minimise taxes and/or social usually an annual turnover of EUR 700,000. If
insurance contributions? you do not reach this threshold, you may regi-
ster voluntarily but without being obliged to
4) Does the legal form make sense in terms of disclose accounts.
business management as well?

42 2.7. SELECTING A LEGAL FORM www.gruenderservice.at


 C
 ompany: If you are not entered in the Com- Wirtschaft - SVA). If you are self-employed in
pany Register, you are required to use your a secondary occupation, you can be exempted
surname and at least one written-out given from full insurance within the framework of
name to externally designate your place of the micro-business regulation (see the chap-
business and business documents. Registe- ter on social insurance). Students and other
red sole proprietors may use the names of domestic workers can also take advantage of
people/things or imaginary names, but an this regulation.
addition indicating the legal form must be ap-
pended, such as registered proprietor “einge-  T
 axes: As a sole proprietor, you are required
tragener Unternehmer” or a generally com- to pay income tax; you are also obligated to
prehensible abbreviation of that designation, pay VAT (possible exception: see the section
e.g. “e.U.”. concerning small-business arrangements in
the chapter Taxes –invoices).
For example:
Name derived from the surname: Springer e.U.
Name derived from the object of the company: Advantages:
XY Lumber Trading e.U. – t he enterprise is founded quickly and
Imaginative name: Complex e.U. easily – entry in the Company Register
provides the business with its legal status
In the case of tradesmen, if their exact first name – c ash basis accounting until you reach an
and surname are not included, then these are to annual turnover of EUR 700,000.
be added. You may also use an additional desi- –P  ossibility to be exempted from compul-
gnation indicating the type of business e.g. ‘The sory business insurance (micro-business
Riverside Inn’. operator regulations)

 T
 rade licence: You must have a trade licence Drawbacks:
(a trade licence certificate) if you are a sole – unrestricted personal liability
proprietor practising a trade. You must perso- – personal responsibility for competence
nally meet the general and specific require- under trade law, otherwise a managing
ments stipulated in order to obtain one. If you director under trade law must be
cannot evidence the requisite special (techni- appointed
cal/commercial) prerequisites, you may ap-
point a managing director under trade law.
The latter must have a job within the company,
be employed for at least one-half the normal
weekly working hours and be fully liable to
pay mandatory social security contributions. 2.7.2 General business partnership
(Offene Gesellschaft – OG)
 S
 ocial insurance: If you are a sole proprietor
operating a trade business – i.e. if you are a A general business partnership is composed of
member of the Austrian Federal Economic at least two partners who are directly liable,
Chamber by virtue of trade or other professio- jointly and severally, are therefore not liable
nal authorisation – you must be covered un- proportionately and whose personal assets are
der mandatory insurance with the Austrian at risk. In case of doubt, the partners must ef-
Social Insurance Authority for Business (So- fect equal contributions; however, the contribu-
zialversicherungsanstalt der gewerblichen tions may also be made in the form of services.

www.gruenderservice.at  2.7.SELECTING A LEGAL FORM 43


 F
 ounding: Articles of Association between at  M
 anagement board/representation: All part-
least two partners are a prerequisite for foun- ners have representational authority, each
ding a general business partnership. The Ar- individually. In the Articles of Association, in-
ticles are not bound to any legal form; they dividual partners can be excluded from repre-
can even be concluded verbally. However, we sentation or a collective responsibility can be
do recommend that you make them in writing. agreed in place of individual representation.
Notaries or attorneys need not be involved. All Such provisions must be entered into the
the partners’ rights and obligations in respect Company Register. All partners have executive
of one another and the company should be set powers for themselves. However, if another
out in the Articles, including company ma- managing partner disagrees, the action must
nagement and representation, profit and loss remain undone. A unanimous shareholder re-
sharing, voting ratios for important decisions, solution is required for unusual management
provisions for death, resignations and dismis- measures which go beyond the usual business
sals, liquidating the company, etc. operations. It is possible to set different rules
in the Articles of Association.
 C
 ompany Register: After you have concluded
the Articles of Association, you must apply to  T
 rade licence: A trade licence in the name of
have the partnership entered in the Company the company is necessary in order to carry out
Register. All facts are entered in the Company trade activities. Appointing a managing direc-
Register which are important to persons ha- tor under trade law is necessary for this. In a
ving business contacts with the partnership regulated profession, this director must either
(e.g. partner liability, powers of representa- be a partner or an employee of the OG who is
tion, company name, etc.). Only the entry in fully liable to pay mandatory social security
the Company Register gives the OG company contributions, must be employed for at least
its legal status. one-half the normal weekly working hours and
must have the authority to issue directives in-
dependently.
 C
 ompany: The company name of an OG may
be derived from a surname, the object of the  S
 ocial insurance: All partners in an OG in the
company or an imaginative name, whereby trade industry must be covered under the
the designation ‘offene Gesellschaft’ or a ge- compulsory social insurance plan (SVA).
nerally comprehensible abbreviation of that
term (e.g. ‘OG’) must be used.  T
 axes: OGs are not liable to income taxation;
however, each of the partners must declare
For example: their share of profits. The company pays the
Name derived from the surname: Springer OG, applicable VAT. A partner can also have other
Name derived from the object of the company: income if they receive certain emoluments
XY Holzhandel OG, from the company (e.g. for cooperative work,
Imaginative name: Complex OG. transfer of assets or the use thereof). These,
too, are subject to income tax.
You may also use an additional
designation indicating the type of Accounting is not compulsory until annual sales
business (e.g. ‘The Riverside Inn’). reach EUR 700,000.00.

44 2.7. SELECTING A LEGAL FORM www.gruenderservice.at


Advantages:  C
 ompany Register: After you have concluded
– the enterprise is founded quickly and the Articles of Association, you must apply to
easily – no formal contractual regulations have the partnership entered in the Company
– cash basis accounting until attaining the Register. in which all facts are entered which
compulsory accounting level are important to persons having business
– only one partner need be qualified under contacts with the partnership (e.g. partner
trade law liability, powers of representation, company
name, etc.).
Drawbacks:
– personal, unrestricted liability – on a joint  E
 ntry in the Company Register gives a KG its
basis (even if authority of representation legal status.
or management is restricted)

 C
 ompany: The name of a KG must be derived
2.7.3 L
 imited commercial partnership from a surname, the object of the company or
(Kommanditgesellschaft – KG) an imaginative name; it must be followed by
“Kommanditgesellschaft” or a generally
KGs consist of at least one partner who is liable comprehensible abbreviation (e.g. “KG”). The
without limitation (general partner) and at least limited partner’s name must not be included
one shareholder with limited liability (limited in the wording.
partner).
For example:
As the former, you are directly, personally and Name derived from the surname: Springer KG,
liable without limitation towards creditors, whe- Name derived from the object of the company:
reas as the latter you are liable for only that sum XY Holzhandel KG,
entered as a liability contribution [Hafteinlage] in Imaginative name: Complex KG.
the Company Register. The amount deposited is
arbitrary. Your municipal tax liabilities are unli- In addition, a designation of the type of business
mited, however. may be used e.g. ‘The Riverside Inn’.

 F
 ounding: Articles of Association between at  M
 anagement board/representation: Only the
least one general partner and one limited general partners have representational au-
partner are a prerequisite for founding a KG. thority, and each individually. In the Articles of
The Articles are not bound to any legal form; Association, individual general partners can
they can even be concluded verbally. However, be excluded from representation or a collec-
we do recommend that you make them in wri- tive responsibility can be agreed in place of
ting. Notaries or attorneys need not be invol- individual representation. These changes
ved. All the partners’ rights and obligations in must be entered in the Company Register.
respect of one another and the company Only the general partners, each individually,
should be set out in the Articles, including de- can take the usual management measures.
posits and participation of shareholders, ma- However, unusual management measures
naging directors and representatives, profit require consent from all partners, including
and loss sharing, voting ratios for important the limited partners.
decisions, provisions for death, resignations
and dismissals, liquidating the company, etc.

www.gruenderservice.at  2.7. SELECTING A LEGAL FORM 45


 T
 rade licence: A trade licence in the name of Accounting is not compulsory until annual sales
the company is necessary in order to carry out reach EUR 700,000.00.
trade activities. Appointing a managing direc-
tor under trade law is necessary for this. In a Advantages:
regulated profession, the managing director – l imited partners have restricted liability
under trade law must either be a personally – t he enterprise is founded quickly and
liable partner who is authorised to represent easily – no formal contractual regulations
the company or an employee of the OG who is – c ash basis accounting until attaining the
fully liable to pay mandatory social security compulsory accounting level
contributions and is employed for at least – l imited partners’ functions can be flexibly
one-half the normal weekly working hours. planned (pure capital contribution, true
employment relationship or independent
 S
 ocial insurance: All partners with unlimited business activity)
liability (general partners) in a KG engaged in –o  nly one general partner need evidence
a trade or business must be covered under qualification under trade law
social insurance as set out in the GSVG (Social
Insurance Act for Trade and Industry). Part-
ners having limited liability (limited partners) Drawbacks:
with a minor share may also be covered under –p
 ersonal, unrestricted liability for general
compulsory social insurance as set out in the partners
General Social Insurance Act (Allgemeines
Sozialversicherungsgesetz - ASVG) if they are
employed at the company. If they are not, i.e. 2.7.4 Limited-liability company
they merely hold capital in it (no company ma- [GmbH = Gesellschaft mit
nagement authorisation or obligation to make beschränkter Haftung]
further contributions), limited partners are
generally insurance-exempt. If they bear en- After the sole proprietorship, the limited-liability
trepreneurial risk, they may be subject to company is the most common legal entrepre-
compulsory insurance according to the GSVG. neurial form. The appeal is self-explanatory;
liability is limited to the company. Thus, it is a
 T
 axes: KGs are not liable to pay income tax; particularly suitable form for associations of
however, the each of the partners must de- partners who work in the company and yet wish
clare their share of profits. The company pays to reduce capital investment risks.
the applicable VAT. A partner can also have
other income if they receive certain emolu- But please note that in practice, this restriction
ments from the company (e.g. for cooperative of liability can be disregarded. This means that
work, transfer of assets or the use thereof). banks granting loans require suretyships from
These, too, are subject to income tax. the shareholders for the company. Additionally,
company management liability may apply to ma-
naging shareholders in the event of negligence
in corporate management.

46 2.7. SELECTING A LEGAL FORM www.gruenderservice.at


 E
 quity capital: The equity capital to be provi- For example:
ded by the shareholders must be equivalent to Name derived from the surname:
a minimum of EUR 35,000. Half of that amount Springer GmbH,
must be paid in cash. Of these cash invest- Name derived from the object of the company:
ments, at least EUR 17,500 must be paid im- XY Holzhandel GmbH,
mediately. GmbHs that are founded FOR THE Imaginative name: Complex GmbH.
FIRST TIME after 1 March 2014 and are decla-
red for entry into the Company Register, are You may also use an additional designation
able to make use of what is known as the indicating the type of business (e.g. ‘The Ri-
founding privilege: The share capital amounts verside Inn’).
to EUR 35,000. The Articles of Association
(drawn up when the business is founded) can  R
 epresentation: Although GmbHs are legal
stipulate that capital contributions using the entities, they have no capacity for acts of law,
founding privilege be limited to EUR 10,000. so they are publicly represented by one or
Half of that amount must be paid in cash. Of more managing directors under commercial
these cash investments, at least EUR 5,000 law who are fully liable for losses in a case of
must be paid immediately. This founding pri- fault.
vilege is valid for up to ten years after the
company is entered into the Company Regi-  T
 rade licence: For activities which are subject
ster. to the Trade Regulations Act (GewO), a trade
licence in the name of the company is re-
 F
 ounding: You require Articles of Association quired. A trade licence in the name of one of
to set up a GmbH. They must be concluded in the partners is not enough. Furthermore, ap-
the form of a notarial deed. The cost of this is pointing a managing director who fulfils all
linked to the level of equity capital. The lowest prerequisites under trade law is necessary.
notarial charge may be possible if the founda- The appointed managing director under trade
tion is a one person foundation, the subsidy law can only be, provided they have a certi-
criteria according to the New Business Foun- ficate of professional competence, the com-
dation Support Act (NeuFöG) are fulfilled and mercial managing director or an employee
the Articles of Association are aligned with who is fully liable to pay mandatory social se-
the minimum specifications of the Law on curity contributions and is employed for at
Limited-liability Companies Act (GmbHG). least one-half the normal weekly working
hours. Moreover, the managing director un-
 C
 ompany Register GmbHs do not legally exist der trade law must be appropriately active in
until they have been entered in the Company the company.
Register. The circumstance of the entry
no longer needs to be communicated in the  S
 ocial insurance: In general, as a simple
Official Gazette of Wiener Zeitung. shareholder in a GmbH, you are not subject to
compulsory insurance. However, if you are a
 Company: The name of a GmbH can be deri- shareholder in a GmbH and also a managing
ved from a surname, the object of the com- director under commercial law, you must be
pany or be an imaginative one, but it must covered by compulsory
contain the designation ‘Gesellschaft mit be- social insurance as set out in the GSVG. An ex-
schränkter Haftung’; this designation may be ception is made if The managing director share-
abbreviated.

www.gruenderservice.at  2.7. SELECTING A LEGAL FORM 47


holder cannot exercise a dominating influence 2.7.5 Company constituted under civil
on the company, i.e. if they hold less than 25%. law [Gesellschaft bürgerlichen
Another exception consists of holdings of bet- Rechts – GesbR]
ween 26% and 49% and dependency of instruc-
tions; in these cases, compulsory insurance co- A GesbR consists of at least two companies and
verage according to the ASVG applies. can be called a joint roof. The idea is to unite mo-
ney and/or monetary-value services or labour
 T
 axes: A company’s profits are subject to cor- for purposes of joint benefit.
poration tax (25%). Should a company not turn
a profit or post a loss for a financial year, an A GesbR differs from other partnerships and
annual minimum corporation tax of 5% of the corporations in that it has no legal personality.
statutory equity capital arises. For all GmbHs Consequentially, a GesbR has no qualification
established after 30.06.2013, the minimum under trade law (cf. the chapter on trade quali-
corporation tax is EUR 500 per year for the fication) and cannot be entered into the Company
first five years and EUR 1,000 per year for the Register.
next five years. Profit distribution is subject to
capital gains tax (27.5%). Salaries that the There is an exception under value added tax law;
shareholders additionally draw for their work a GesbR also has a type of legal personality
for the company are subject either to wage tax within this framework.
or to income tax. Emoluments are subject to
income tax.  F
 ounding: You require a set of Articles of As-
sociation that have been concluded between
at least two partners if you wish to found a
Advantages: GesbR. In terms of the law, the Articles are
– basically, the amount of equity capital is the not bound to any legal form; they can even be
upper liability limit (note: managing direc- concluded verbally. However, we do recom-
tors under commercial law may be liable in mend that you make them in writing. Notaries
excess of this amount) or attorneys need not be involved. All the part-
– only one trade licence in the company’s ners’ rights and obligations towards each
name is required (cf. Trade licence) other and to the company should be set out in
the articles, including company management
Drawbacks: and representation, profit and loss sharing,
– higher start-up costs voting ratios for important decisions, provisi-
– obligation to prepare a balance sheet ons for death, resignations and dismissals,
– the managing director under commercial liquidating the company, etc.
law may also be personally liable
– possible shareholder liability to institutes  C
 ompany Register: GesbRs cannot be ente-
granting loans red in the Company Register.
– only sensible with regards to tax from a
profit limit of around EUR 300,000  C
 ompany: The company name is not a com-
pany since it is not entered into the Company
Register. However, the company can choose a
name that indicates the existence of the Ge-
sbR such as ‘Gesellschaft bürgerlichen
Rechts’ or ‘GesbR’.

48 2.7. SELECTING A LEGAL FORM  www.gruenderservice.at


 M
 anagement board/representation: The ness as long as the sales are put toward their
principles of sole management authority and non-material objectives. They are independent,
power of representation apply to each part- i.e. they may have rights and obligations inde-
ner. Different rules for management authority pendent of those of their members. They may
and power of representation can be agreed acquire possessions and property, conclude con-
upon in the Articles of Association. tracts, order services, act as an employer, etc. –
but they are also liable to taxation and for com-
 Trade licence: Due to the lack of a trade pensation. They may become insolvent, whereby
licence, all the partners must register all they are liable with their association’s capital.
trades. Just like other legal entities, associations must
have a trade licence, and their co-active bodies
 Social insurance: Partners must be covered and employees must be covered under compul-
under compulsory insurance as set out in the sory social insurance. This is the legal form to
GSVG if they are carrying out trade activities. choose for co-op activities whenever a large
number of people join together to work towards
 Taxes: GesbRs are not liable to pay income a common ideal over a longer period of time. Be-
tax. However, the partners’ profit shares are fore making the final decision to found an asso-
taxable. The company pays turnover tax. ciation, verify that its purpose is permissible and
consider whether it is the most suitable organi-
sational form for realising your objectives.
Advantages:
– the enterprise is founded quickly and easily Cooperatives and Industrial Societies (Erwerbs-
– no formal contractual regulations und Wirtschaftsgenossenschaft): Cooperatives
– no entry in the Company Register are associations of an unlimited number of
– simple form for consortia members serving to support their members’
earnings and commercial activities. In practice,
Drawbacks: there are many kinds of cooperatives, including
– no legal personality and therefore those relating to loans, purchasing, sales, con-
– no qualification under trade law (each sumers, utilisation, exploitation, construction,
partner requires one or more trade residential and establishment. A cooperative is a
licence certificates) legal entity and has its own legal personality. The
– no company name cooperative’s bodies include the board of direc-
– unlimited joint and personal liability tors, the supervisory board and the general
shareholders’ meeting. The board of directors
manages and represents the cooperative.

2.7.6 Other legal forms IMPORTANT: No legal form will be perma-


nently advantageous. since no matter how
Associations: As defined under the Associations many reasons there are for making a selec-
Act (Vereinsgesetz - VerG), an association (Ver- tion at the outset, any one of them can change
ein) is a legal entity. It has its own legal persona- sooner or later in any number of ways. Take
lity, its executive body handles legal affairs and it time at regular intervals to think about what is
functions according to its own philosophy and the best legal form for you.
objectives. They may also do commercial busi-

www.gruenderservice.at  2.7. SELECTING A LEGAL FORM 49


Summary of Legal Forms

Official company
Liability Trade law Tax law Social Company/Trade name/
insurance register designation

Sole Full liability, up The entrepreneur Income tax on Compulsory in- Entry from point of Unregistered sole
proprietorship to the limit of or managing profit up to surance in accor- reaching level proprietor: first
personal assets director under max. 55% dance with GSVG of mandatory name and sur-
as well trade law must (= Social Insurance submission of name; registered
possess a Act for Trade and accounts, optional sole proprietor:
certificate of Industry) with the before that company name
professional Social Insurance derived from sur-
competence Authority for name, the object of
Business* the company or
imagination

Company All shareholders Every shareholder Each individual Compulsory No registration Indication of the
constituted under fully liable, up must have all shareholder liable insurance for existence of such
civil law (GesbR) to the limit of trade licences for income tax shareholders in a company under
personal assets accordance with civil law (GesbR)
as well GSVG for business
activities

General business All partners The company car- Each individual Like sole Registration Company name
partnership (OG) fully liable, up to ries the trade partner liable for proprietorship: required – derived from sur-
the limit of licence: one fully income tax every partner is company does not name, the object
personal assets liable partner or insured with the exist until it is of the company or
as well an employee liable Social Insurance registered imagination plus
for full social Authority for “OG”
security contribu- Business
tions must provide
a certificate of
professional
competence

Limited Full partner fully The company Each individual Full partner Registration Company name
commercial liable, limited carries the trade partner liable for compulsory required – derived from sur-
partnership (KG) partner only liable licence: one fully income tax self-employed company does not name, the object
to the amount liable partner or insurance (GSVG). exist until it is of the company or
of the limited- an employee liable Limited partners: registered imagination plus
partner capital for full social ASVG insurance if “KG”; limited
contribution security working in the partner's name
(=freely deter- contributions company, other- name may not be
minable) must provide a wise compulsory used
certificate of insurance in
professional accordance with
competence GSVG

* Option to apply for exceptions in health and pension insurance plans iand self-employed pension schemes if income and sales are low

50 2.7. SELECTING A LEGAL FORM www.gruenderservice.at


Company/ Official com-
Liability Trade law Tax law Social Trade pany name/ Other
insurance register designation

Dormant No dormant Trade licence Dormant Independents’ No registration Dormant Entitlement to


partnership partner liability, only held by the partner liable Compulsory partnership repayment of
(1) typical merely share in business owner for income tax self-employed not disclosed to contributions
profit & loss (the on the profit insurance ap- the public upon dissolution
latter up to the share (income plies to those of company
amount of the from capital with trade
dormant capital investments) licence only
contribution)

(2) atypical Legal position Trade licence Dormant Independents’ No registration Dormant Entitlement
similar to a only held by the partner liable compulsory in- partnership to undisclosed
limited partner business owner for income tax surance applies not disclosed to reserves and
on the profit to those with the public goodwill pro
share (income trade licence rata upon
from trade only dissolution of
operation) company

Limited liability In principle, the The GmbH car- GmbH liable for According to GmbH only Name derived High founding
company company's as- ries the trade li- corporation ASVG for com- exists upon from surname, costs – often a
sets (minimum cence; managing tax (25% for pany-managing registration: the object of the drawback for
share capital of director under retained and shareholder articles of company or small-scale
EUR 35,000 or trade law distributed with limited association in imagination companies in
EUR 10,000 with with certificate of profits); shares, the form of a plus “GmbH” terms of
the founding professional distributed otherwise notarial deed taxation
privilege) cover competence profits subject to compulsory
the company's must also be ma- capital gains tax insurance
liabilities pay­ naging director (27.5%) ; mini- according to
able; managing under commer- mum corpora- GSVG
director under cial law or an tion tax - EUR
trade law may employee liable 500 p.a. for first
be liable in some for full compul- five years
cases sory insurance
coverage

Limited part- Full partner fully The KG carries Limited part- Independents’ Registration of Name of the Two companies
nership with a liable (= GmbH the trade licence; ners liable for compulsory in- GmbH and KG fully liable must be
limited liability with company managing direc- income tax; surance (GSVG) required partner founded, also
company as assets), limited tor under trade corporation tax for the company- (= the GesmbH) entailing higher
general partner partner only law evidencing on the GmbH managing share- plus "& Co KG" founding costs
(GmbH & Co. liable for the with certificate of (for GmbH holder of the full- (e.g. Müller and ongoing
KG) amount of the professional profits); share- partner GmbH GmbH & Co KG) expenses
limited partner competence holders liable only an option if
investment must also be for final the GmbH has
managing taxation on special trade
director under distributed licence; limited
commercial law GmbH profits partners accord­
of the partner- ing to ASVG if
ship GmbH or an they are employ-
employee liable ees, otherwise
in full compul- compulsory in-
sory insurance surance accord-
coverage ing to GSVG

www.gruenderservice.at  2.7. SELECTING A LEGAL FORM 51


2.7.8. Company designation vidual addenda. Therefore, as a rule, an object
company name must always be coupled with a
Sooner or later, business founders are confron- name or an imaginative designation.
ted with the question of what to call their com-
pany. See the chapters on sole proprietorships, OG, KG
and GmbH for some specific examples of com-
Company Name pany designations.
The official company name is the one belonging
to the entrepreneur and entered in the Company The designations are to be used on business do-
Register. The official company name must sui- cuments (e.g. letterheads, invoices, order forms,
tably designate the company and be distinctive. etc.) and placed on the outside of the place of
It may not contain any components which are business to identify the business premises (retail
misleading as to the company’s circumstances outlet). There are no legal stipulations on the
which are important to the commercial circles form, size and placement of company identifica-
addressed. No significant misunderstandings tion on business documents. It is practical to
about the company’s type, scope and branch of position the identification legibly as a header or
business may arise.
Additional compulsory indication
The purpose behind the distinctiveness of a of the legal form:
company name is to individualise and identify the  S
 ole proprietorships: not entered in the
enterprise. Thus the company name must be di- Company Register: given name and sur-
stinctive and evoke an association with a specific name; entered in the Company Register:
enterprise. name derived from a surname, company
object or imagination with the addition of
In particular, an official company name must be “eingetragener Unternehmer” or “e.U.”
distinctly different from every other one in the  Company Constituted under Civil Law
vicinity or the same community and entered in (Gesellschaft bürgerlichen Rechts –
the Company Register. This serves to enhance GesbR): The indication of the existence of
the individual nature of the general designation. such a company under civil law (GesbR).
 General partnership (Offene Gesellschaft
The permitted forms are the names of persons, – OG): name derived from a surname,
things or imaginary names, and descriptions of company object or imagination with the
the business may be central to the name. Unpro- addition of “offene Gesellschaft” or “OG”.
nounceable or meaningless symbols and combi-  L imited partnership (Kommanditge-
nations of letters are not permissible. In general, sellschaft – KG): name derived from a
the company name must be written in Roman surname, company object or imagination
letters. The name of a person other than that of with the addition of “Kommanditgesell-
the sole proprietor or partner with unlimited lia- schaft” or “KG”. The limited partner’s
bility may not be included in the official name of name must not be included.
a sole proprietorship or a registered limited  P rivate limited company (Gesellschaft mit
partnership. beschränkter Haftung – GmbH): name de-
rived from a surname, company object or
On the other hand, an object name must relay imagination with the addition of “Gesell-
the company’s purpose; otherwise, it is an ima- schaft mit beschränkter Haftung” or
ginative name. Pure designations of a branch or “GmbH,” “GesellschaftmbH” or “GesmbH.”
type of business are not distinctive without indi-

52 2.7. SELECTING A LEGAL FORM  www.gruenderservice.at


footer. Companies must additionally show their nally liable partners of a business partnership if
Company Register number, court of company the company holds a trade licence and is a mem-
registration and the location of their head offices ber of the Austrian Federal Economic Chamber.
(even if it is not the same as the business Special conditions for managing shareholders:
address) on their documents. You can check the Irrespective of any other circumstances, mana-
company name in advance at the court that ging shareholders of a GmbH holding up to 25%
keeps the commercial register of companies or and receiving a managing director's salary are
the relevant information centre of the Austrian ASVG-insured. If they hold between 25% and
Federal Economic Chamber. 50%, it is checked whether the managing share-
holders are subject to instruction or, by contrast,
Business Designation have other more extensive rights such as ‘voting
Adding a further designation is advantageous for veto’. ASVG insurance applies to employee-
better marketing; in Austria, it is called an “esta- status similarity, whereas GSVG insurance
blishment designation” (business designation). applies to managing shareholders with a supe-
However, it must not be deceptive or confusable rior position. Managing shareholders are always
with another. For example, Susanne Maier, a sole GSVG-insured if they hold 50% or more.
proprietor not entered in the Company Register
who runs a knitted goods shop, may therefore Special conditions for limited partners: Limited
use “Suzie’s Wool Shop” in addition to her given partners who merely have a holding in a KG by
name and surname. virtue of a limited-partner capital contribution
are not subject to any compulsory social in-
surance stipulations. Limited partners who work
| 2.8. SOCIAL INSURANCE in the company for remuneration are required to
be ASVG-insured if their work is not indepen-
As a businessperson, you must be covered by dent; if they are active for the company on a
health, pension and accident insurance plans. freelance basis, they must be GSVG-insured as
Health and pension insurance are regulated in ‘new independents.’
the GSVG, whereas the ASVG governs accident
insurance. 2.8.1.At what time must you be insured?

Group of persons As a rule, you must be covered under compul-


sory insurance as of the day you acquire a trade
The following persons must have licence or on the day the membership of the
insurance coverage Austrian Federal Economic Chamber by virtue of
 Sole proprietors such a trade licence commences. Although the
 Partners in a general partnership trade authority notifies the social insurance
 General partners in a limited partnership institution of a trade’s registration, the trade
 Managing shareholders in a private operator is also required to register within one
limited company (if they are not already month.
insured in this role under the ASVG
[General Social Security Act]) Individuals who declare their trade licence as
inactive are exempt from compulsory insurance
Sole proprietorships are trade-insured when in accordance with GSVG and also from accident
they acquire their trade licence. Coverage is insurance in accordance with ASVG, but not from
compulsory for managing partners and perso- health insurance or pension insurance.

www.gruenderservice.at  2.8. SOCIAL INSURANCE 53


2.8.2. Social insurance contributions EUR 410.16 (EUR 34.18 per month) and the
18.5% pension insurance contribution of EUR
Health and pension insurance contributions: 1,452.48 (EUR 121.04 per month).
Two differing aspects are involved in these con-
tributions: their percentage rate and their con- Maximum contribution basis: Under the GSVG
tribution basis. 7.65% and 18.50% of the basis there is also a maximum contribution basis. This
are paid as health and pension insurance contri- amounts to EUR 73,080 per year (EUR 6,090 per
butions respectively. month). This means that you need pay no addi-
tional social insurance contributions for contri-
Contribution basis: The income from a trade bution bases beyond this limit.
business (operating revenues minus expenses)
and income from independent work (if any), Accident insurance contributions: The accident
established via the income tax assessment no- insurance contribution amounts to EUR 117.48
tice, form the contribution basis. The stipulated per year (EUR 9.79 per month).
contributions to the trade health and pension
insurance plans are added to those incomes. Ho- 2.8.3. New entrepreneurs
wever, since the tax assessment notice is often
not issued until years afterwards, contributions If you are a new entrepreneur going self-
are derived from the assessment notice from employed for the first time or at least have not
three years earlier (e.g. the assessment for 2016 been GSVG-insured during the last ten years,
is used to assess contributions for 2019). When you will be eligible for a reduction in the cost of
the Revenue Office issues the assessment notice your health insurance for the first two calendar
for 2019, the contributions are precisely re- years of your self-employment, so the contribu-
viewed (refund or additional payment). New en- tions you will pay will be lower. This means that
trepreneurs enjoy favourable treatment in rela- your financial situation is taken into account
tion to health insurance contributions during when founding a new business and you receive
their first two calendar years (see the next sec- support for this indirectly.
tion: 2.8.3.).
The stipulated pension insurance contributions
Minimum contribution basis: Under the GSVG for the first three calendar years are based on
there is a minimum contribution basis. This the minimum contribution basis (2019 contribu-
means that you must pay contributions even if tory value: EUR 121.04 per month). A review is
your income is actually lower or if your business carried out when the taxable profits made in the
posts a loss. As of 2016, the minimum contribu- relevant calendar year (according to the income
tion basis for health insurance was reduced to tax assessment) plus the mandatory pension
the marginal earnings threshold, and in 2019 it and health insurance contributions in the contri-
is EUR 5,361.72 per year (EUR 446.81 per month). bution year were higher than the minimum con-
This reduction applies both to start-ups and tribution basis.
to existing members of the Austrian Federal
Economic Chamber. The minimum contribution The stipulated health insurance contributions
basis for pension insurance is EUR 7,851 per for the first three calendar years are based on
year (EUR 654.25 per month). The minimum the minimum contribution basis (2019 contribu-
contribution basis for pension insurance will be tory value: EUR 34.18 per month). Contributions
lowered again in 2020, and in 2022 it will be cut to are fixed in the first two calendar years. A review
the value of the marginal earnings threshold. is first carried out in the third calendar year,
This means that each year, you will pay at least when the taxable profits made in this calendar
the 7.65% health insurance contribution of year (according to the income tax assessment)

54 2.8. SOCIAL INSURANCE  www.gruenderservice.at


plus the mandatory pension and health in- contribution assessment), be spread out across
surance contributions in the contribution year a period of three years. A requirement for this is
were higher than the minimum contribution that no liability to pay mandatory insurance con-
basis. tributions under the GSVG previously existed.
Accident insurance contributions are not profit-
In the event of financial difficulties, additional dependent and in 2019 they stand at EUR 117.48
charges on top of contributions which are attri- (EUR 9.79 per month).
butable to the first three years of independent
activity may, upon request (up until 31 March of A list of the social insurance contributions can be
the calendar year following the year of the final found in the following table:

Social insurance contributions (2019 values)

Contributions Monthly Quarterly Yearly


Pension insurance (18.50%)*) 121.04 363.12 1,452.48
Health insurance (7.65%) **) 34.18 102.54 410.16
Provisions for self-employed people (1.53%) 6.84 20.52 82.08
Accident insurance (fixed) 9.79 29.37 117.48
Total (€) 171.85 515.55 2,062.20

*) Additional charge for exceeding the minimum contribution basis


**) Fixed in the first and second calendar year. Then additional charge for exceeding the minimum contribution basis.

2.8.4.Small business operators' scheme Small-scale businesspeople are defined as


– exemption from compulsory persons whose annual profits and sales do
insurance not exceed

Under certain conditions, sole proprietors may  A


 profit of EUR 5,361.72 (2019 value) and
be exempted from compulsory trade health and  A turnover of EUR 30,000.
pension insurance and from making contributi-
ons to the provisions for self-employed persons.
This does not apply to partners of a partnership You can apply for this exemption from compul-
or a company constituted under civil law, nor to sory full insurance coverage at the Social
managing partners. Insurance Authority for Business (SVA).

PLEASE NOTE: You are not permitted to make


the retroactive applications for a previous calen-
dar year. Compliance with both the sales and the
profit limit is subsequently checked on the basis
of the income and value added tax assessment
notices.

www.gruenderservice.at  2.8. SOCIAL INSURANCE 55


Applications for exemption may only be submit- of the doctor’s fee. In a case of hospital treat-
ted by persons who have not been compulsorily ment you receive additional monetary benefits
GSVG-insured for more than twelve months du- for the special class, as well as a refund for
ring the previous sixty calendar months. treatment fees of the general fee class. Upon
application, those entitled to benefits in kind may
This requirement does not apply to persons who acquire entitlement to the hospital special class
are 60 years old or over. As of 1 July 2013, it also in return for an additional contribution. Vice-
does not apply to those claiming the small-scale versa, those entitled to monetary benefits may
business person exception for the duration of acquire the right to treatment by a doctor using
receipt of childcare allowance. an e-card.

IMPORTANT: The full compulsory insurance co- Independent health care –


verage exemption also means that you are not Reducing deductible to 10%
covered under the health and pension insurance
plans because of your business activity. You are On 1 January 2012, the option became available
still covered by accident insurance protection, of reducing the health-insurance deductible to
however, and you pay monthly accident in- 10% by active preventative health care. This pro-
surance contributions of EUR 9.79 (EUR 117.48 cedure involves an insured person having a
per year) for this. If you apply the exemption from check-up with his/her fiduciary physician. On the
compulsory insurance for longer than twelve basis of that check-up, individual healthcare ob-
months, you will lose any existing entitlements jectives are established – either the mainte-
to unemployment benefits. nance of good results or improvements in cer-
tain areas. After six months or more, a meeting
2.8.5.Trade social insurance benefits takes place in which the achievement of the
healthcare objectives is evaluated. If the objecti-
Health insurance: The most important benefits ves have been achieved, the doctor will issue an
include medical aid, dental treatment, hospital attestation which you then use to apply for a re-
treatment, medications and stays at a health- duction of the deductible from the social in-
care resort or spa. We differentiate between surance authority (SVA). The next examination
those entitled to monetary benefits and those must only take place after two or three years,
entitled to benefits in kind. depending on the person’s age.

You are entitled to benefits in kind if your income Co-insurance: Spouses raising children and
is below the maximum contribution basis (2019: children are co-insured under the health in-
EUR 73,080.00 per year). You may claim benefits surance plan without contributions. Moreover,
in kind and receive an e-card for seeing a doctor. the deductible for treatment by a doctor is not
Treatment is initially free of charge, but you will charged for children. Childless spouses may
subsequently be charged a deductible of 20%, also be co-insured against an additional contri-
with the exception of hospital care in the general bution of 3.4% of the contribution basis of the
fee class. This arrangement also applies to new principal insured person.
entrepreneurs.
Accident insurance: The most important bene-
Those entitled to monetary benefits (contribu- fits include medical treatment after a work-re-
tion basis of more than EUR 73,080) initially pay lated accident or occupational illness, as well as
for their medical treatment themselves as pri- an accident pension in the event of permanent
vate patients; they submit their invoices and re- invalidity of 20% or more. A monthly accident in-
ceive a specific portion refunded – approx. 80% surance contribution of EUR 9.79 (EUR 117.48

56 2.8. SOCIAL INSURANCE  www.gruenderservice.at


per year) is payable; a higher level of insurance tribution basis amounts to a quarter, half or
may be purchased on a voluntary basis. Unem- three quarters of the maximum contribution ba-
ployment insurance for entrepreneurs: New re- sis in accordance with the GSVG (2019: EUR
gulations have been in force since 1 January 6,090). The contribution rate amounts to 3% in
2009 on unemployment insurance for self- the lowest contribution basis, otherwise 6% (new
employed people. Entrepreneurs who were al- starting in 2019). This makes unemployment in-
ready self-employed prior to 1 January 2009, surance in the lower rung much more attractive.
now retain their entitlement to unemployment
benefits accrued during non-independent em- Monthly contribution  Unemployment
ployment for an unlimited period of time. This  benefit per day
also applies to entrepreneurs who began self- EUR 45.68 EUR 24.47
employment after 1 January 2009 and who, prior EUR 182.70 EUR 38.86
thereto, had been working non-independently EUR 274.05 EUR 53.71
for at least five years. By voluntarily joining an
unemployment insurance scheme, these entre- IMPORTANT: If you apply the exemption from
preneurs can extend the period for which they compulsory insurance (small business opera-
are entitled to unemployment benefits and/or tors’ scheme) for longer than twelve months,
acquire entitlement to a greater amount of un- you will lose any existing entitlements from
employment benefits; certain conditions apply. unemployment benefit.

Entrepreneurs who began their self-employment  Provisions for self-employed people


after 1 January 2009 and who had not been non- On 1 January 2008, the provisions for self-­
independently employed for five years prior the- employed people came into effect. These provisi-
reto retain their entitlement to unemployment ons are a type of “new indemnity” for entrepre-
benefits for a maximum of five years. Here, accor- neurs as a second pillar of pension provision
ding to the new model, there is the option of in- along with the trade pension insurance. The pro-
surance beyond that time (this is also voluntary). visions for self-employed people cover all per-
sons practising a trade and those new indepen-
The Austrian Social Insurance Authority for dents subject to compulsory insurance under
Business (SVA) informs every individual insured commercial health insurance. Pensioners who
person of the opportunity to join voluntarily (op- continue their self-employed activity during reti-
ting in). The following dates apply: entrepre- rement have not been subject to the provisions for
neurs who began their self-employment after 1 self-employed persons since 2014; it is possible to
January 2009 must decide on whether to join opt in, however. Freelance independents, farmers
within six months of receiving the information and foresters may be included in the model of pro-
from the SVA about the option of voluntary un- visions for self-employed persons (opting in).
employment insurance.
Contributions: A contribution of 1.53% of the
The decision they make is binding for eight years. health insurance contribution basis must be paid
Entrepreneurs who do not decide to opt in in to cover provisions for self-employed people. The
good time do not have the option of joining the contribution basis is limited to the maximum con-
unemployment insurance scheme until eight tribution basis (2019: EUR 73,080). The SVA
years thereafter at the earliest. prescribes the contributions together with the
other social insurance contributions; the latter
Contributions: Independents may choose from are remitted to the corporate provision fund that
three fixed monthly contribution bases. The con- the entrepreneur has selected.

www.gruenderservice.at  2.8. SOCIAL INSURANCE 57


Choice of provision fund: If an entrepreneur has  Pension insurance
chosen a provision fund for his employees, that The most important benefit is the old-age pen-
provision fund is binding upon him or her as well. sion for men and women, at 65 and 60 years of
If no provision fund has been chosen yet due to age respectively. To receive this, you must have
the absence of employees, the entrepreneur paid in contributions for at least 180 months. To
must choose a provision fund within six months. fulfil the special eligibility criteria for claiming
Should the entrepreneur not do so, the SVA will the corridor pension, you must have at least 480
assign a provision fund. insured months and have reached the age of 62.
For this reason, the corridor pension is currently
Payment: An entitlement to payout and/or a only relevant to male insured persons.
disposal option on the contributions paid in
exists after at least 36 months of contributions IMPORTANT: You should acquire information
and after no less than two years of suspension from the social insurance institution about the
or surrender of trade licence or the cessation of amount of pension you can expect well before
commercial work (in the case of New Entrepre- the intended retirement date.
neurs). A payout entitlement also exists upon
retirement, even if three years of contributions There is a disability pension available for trade-
have not been paid at that point. The capital speople who can no longer work independently
sum is paid to the legal heirs upon the death of due to illness. If an insured person applies for
the insured. this pension, medical advisory opinions will be
obtained, on the basis of which the disability
Other disposal options: Apart from payout for pension is granted or disallowed. You can appeal
“indemnity” as a capital sum, the following dis- to the Labour and Social Affairs Court in the
posal options are also available: event that a ruling is issued refusing the applica-
– continued assessment in the provision fund tion. In principle, the pension is derived from the
(does not apply when retiring), product of the number of insured years and the
– transfer of the indemnity as a one-time pre- average contribution-basis amounts during
mium to an additional pension insurance for working life. Periods of non-independent work
purposes of life-long pension benefit, assign- (ASVG) and independent work (GSVG) are to-
ment of the total capital amount to another talled together. Due to the vast number of details
provision fund according to the ‘backpack’ involved, specific consultation and advice from
principle, if non-independent work is begun, or the SVA is indispensable prior to retirement
– to an insurance company of your choice as a
one-time premium for an additional pension
insurance policy demonstrably taken out by the
prospective beneficiary.

Tax treatment: All fiscal privileges for employ-


ees also apply to independents. The contributi-
ons to provisions for independents are deemed
to be business expenses for tax purposes. In-
vestment in the provision fund is tax-exempt.
Payout as a one-time sum is tax-privileged at a
taxation rate of 6%. Payment as a pension is tax-
exempt.

58 2.8. SOCIAL INSURANCE  www.gruenderservice.at


2.8.6. End of compulsory insurance

You are no longer subject to compulsory in-


surance obligations from the end of the month in
which
 you surrender your trade licence,
 you report the suspension of your trade to
the professional group and/or district/
regional office of the Austrian Federal
Economic Chamber by means of a
declaration of inactivity,
 you apply for the deletion of your position as
personally liable partner of a partnership
from the Commercial Register or
 the trade licence of the OG/KG has been
surrendered,
 the trade licence of the GmbH has been
surrendered, or you apply for the revocation
of your appointment to the post of managing
director of a GmbH in the Commercial
Register and/or withdraw as shareholder
in such GmbH.

For further information, consult the experts at


the Austrian Federal Economic Chamber in your
province.

IMPORTANT: After registering your trade,


contact the Social Insurance Authority for
Business www.svagw.at. Here, you will obtain
all information on contribution-payment
amounts, scope of insurance, small-scale
business regulations, difference assessment,
etc. Be sure to include the costs of social in-
surance in your calculations, since they form
a considerable portion of your business ex-
penses.

For comprehensive information on compulsory


social insurance, please visit:
wko.at/sozialversicherung

www.gruenderservice.at  2.8. SOCIAL INSURANCE 59


| 2.9 TAXES T  o pay, by the required date, the quarterly ad-
vance instalments of income tax (or corpora-
As an entrepreneur you do not need to be a tax tion tax in the case of business corporations),
expert, but a solid basic knowledge will help you as stipulated by the Revenue Office.
take tax considerations into account when ma-  In the case of businesses liable for value-
king business decisions. You are still personally added tax, to submit monthly or quarterly ad-
responsible for paying your taxes, even if you vance VAT returns in good time and to pay the
have a tax adviser. amounts resulting therefrom.
T  o complete and submit annual tax returns.
Think of your tax expert (bookkeeper, tax consul-
tant or professional accountant) as a kind of You can find details about your obligations as a
“machete” that helps clear the way through the business owner on the following pages.
"tax jungle".
Your initial contact with the revenue office
IMPORTANT: Use entrepreneurial documen- You have a business idea and want to make it a
tation; otherwise, you may take a course at the reality. After initial contact with the Austrian
WIFI (institute for business development). The Federal Economic Chamber and the start-up
tax experts at your Austrian Federal Economic service, the first port of call will be the Revenue
Chamber will be happy to inform you about tax Office. You must provide notification of the
law. launch of your business and its location to the
Revenue Office within a month of commence-
Our TIP: The ‘Self-employed Persons ment of activities. You will usually complete a
business start-up form together with your tax
Brochure’ [Selbständigenhandbuch] –
adviser. Using this form, the Revenue Office will
the Ministry of Finance’s Tax Guidelines
collect basic information about your company
for Newly Founded Enterprises [Steu-
and its business activities. The business start-up
erleitfaden für neu gegründete Unter- form can be downloaded on the website of the
nehmen] – provides a good overview of Ministry of Finance (www.bmf.gv.at). You can
the taxation situation. You can obtain it also find important information on this in the
from the start-up service in your federal corporate service portal (www.usp.gv.at).
province or can download it at:
www.bmf.gv.at/Publikationen > Which business start-up form
Downloads > BroschuerenundRatgeber is the correct one?
The Austrian Federal Economic Cham- That depends on the legal form you have chosen.
ber leaflet ‘Tax Info for Entrepreneurs’ The question of which legal form is right for your
also provides additional relevant prospective business can be found on page 41.
information.
As a sole proprietor, you need the questionnaire
for natural entities (the so-called Verf24). If you
Your most important tax obligations founded a partnership, use the questionnaire for
 To provide notification of the opening of your companies (Verf16). If you founded a corporation,
business and its location within one month of fill out the questionnaire for stock corporations
the date on which activities commence, by or limited-liability companies (Verf15). You can
submitting a business start-up form report the opening of your business to the com-

60 2.9 TAXES  www.gruenderservice.at


petent Revenue Office in writing or verbally (by The Revenue Office will use your answer to the
telephone) and you will receive the relevant que- question about your predicted turnover (reve-
stionnaire in the post. nue) during the first two business years in order
to establish whether, based on your predicted
After the business start-up form has been suc- turnover, you will be required to pay turnover tax
cessfully processed by the Revenue Office, you and will therefore be obliged to submit advance
(or your company) will receive a tax number and, turnover tax returns on a periodic basis. Advance
if applicable, a VAT registration number (abbre- turnover tax returns also need to be submitted,
viated: a ‘UID-Nummer’ (VAT ID number)). The if you apply for a UID number (VAT ID number).
Revenue Office may visit your premises before Please check whether you require a UID number
issuing the tax number. (VAT ID number) by consulting page 68.

What is important to take into account OUR TIP: The leaflet ‘Revenue Office
when completing the business start-up form? Questionnaire on Starting a Business’
The business start-up form includes many gene- [Fragebogen des Finanzamtes zur Be-
ral questions which you will find easy to answer. triebseröffnung] is a very useful aid to
Some questions, however, will require some pre- filling out the Revenue Office's business
paration. You should take these questions very start-up form; it is available from the
seriously. The answers you give to them may
start-up service in your federal province,
fundamentally affect the types of tax you have to
or as a download online at
pay, and how much of your tax you have to pay in
www.gruenderservice.at
advance. This can have a significant impact on
> Sozialversicherung und Steuern
your liquidity and thus on your business. For this
reason, it is important to complete the business
> Steuern
start-up form carefully.
IMPORTANT: Be especially careful when esti-
If you are starting up a sole proprietorship, or mating your profits, since the figure you give
as a partner in a partnership, you will be asked will form the basis for calculating your income
to estimate your income (profit) for your first tax and/or corporation tax payments.
two years on your business start-up form. The
Revenue Office will use your estimate to deter- Which Revenue Office is responsible for me?
mine your quarterly advance payments of tax. This depends on the legal form chosen by you.
Accordingly, you should be careful and realistic The Revenue Office for your place of residence is
when estimating your results for the first two in charge of income tax and VAT of sole-traders
years. A high profit estimate will result in high (natural persons). If a corporation (e.g. a GmbH
advance payments. Even worse, if they are too or an AG) is founded, this is a legal entity. The
low, you will have to make a high post-payment relevant Revenue Office at the location of the
in the following years. corporation (business revenue office) collects
corporation tax and gains tax. The business re-
venue office is also responsible for associations
of individuals (e.g. KG or OG).

www.gruenderservice.at  2.9 TAXES 61


You have started your business – what now?
In the course of your self-employment, you will be confronted with countless business-related terms.
The most common concepts are explained in the table below:

Revenue Inflow of payments into the company. Examples of this are incoming
payments for invoices issued, commissions and revenues for sold goods
and/or services.

Expenses Cash outflow from the business such as rent, phone bills, social insurance
payments, advertising, office furniture, vehicle costs, staff, etc.

Types of income There are three types of operational income: Farming and forestry,
commercial activities and self-employed work; and four types of external
income: non-self-employed income, income from renting and leasing,
income from capital assets and other income.

Operational Operating expenses incurred in the area of operational income.


expenses

Advertising costs A
 dvertising costs are expenses in the area of external income. The term
‘advertising costs’ is to be equated to the term operational expenses
([Betriebsausgaben] with reference to types of operational income).

Profit The difference between operational income and operational expenses,


when the operational income exceeds the operational expenses.

Loss The difference between operational income and operational expenses,


if operational expenses exceed operational income.

Income The profit or loss that the individual taxpayer achieves within the framework
of the seven types of income. There are seven different types of income.
The annual income is the sum of all sources of income. In turn, income is
the basis for calculating income tax.

Investments prior to opening your business nised for tax purposes, it is important that the
As an entrepreneur just starting out, you will of- starting up of the business is planned in a very
ten have expenses for your future business even focused way. To that end, it is sufficient if the ex-
before it has commenced. You are deemed to be penses are incurred in order acquire the neces-
an entrepreneur as soon as you have begun pre- sary resources. Expenses incurred prior to the
paring your business, e.g. purchasing machinery official "start-date" can therefore be offset. Such
and tools or renovating the business premises. activity is beneficial in terms of both value added
In order to ensure that such expenses are recog- tax and income tax. As an entrepreneur entitled

62 2.9 TAXES  www.gruenderservice.at


to deduct input tax, you can deduct the invoiced 2.9.1. The most important taxes
VAT. In addition, expenses can be deducted to re-
duce the profit as part of the income tax declara- As soon as you have started up your business
tion. (For details, please consult the next few and registered it with the Revenue Office, the
chapters.) Some expenses (e.g. training costs), Revenue Office will normally require you to make
however, may only be claimed for in the same advance payments on your income or corpora-
year in which they were paid. tion tax. You must calculate all other taxes you
owe (particularly value added tax, wage tax,
employer contributions etc.), report them to the
Revenue Office and take responsibility for paying
OUR TIP: Register now at the Start-Up
them by the appropriate deadline. The Revenue
Service Portal – www.usp.gv.at. The USP Office will not issue any assessment notice for
provides you with ONE central platform these taxes.
for information and official interactions
with the federal authorities. Official The following tax calendar will provide you with
procedures can be completed securely, an overview of the most important taxes, in addi-
rapidly and efficiently at any time online tion to the due dates and the amounts involved.
using a single sign-on. VAT, income tax and corporation tax are explai-
ned in detail.

Tax schedule for the most important taxes


Type of tax Amount Due date To be paid to
VAT 0%, 10%, 13% or 20% 15th of the net amount Revenue Office
next month but one
Income tax 0-55% of income Revenue Office
15.2., 15.5., 15.8., 15.11.
Corporation tax 25% of profit 15.2., 15.5., 15.8., 15.11. Revenue Office
Wage tax 0-55% of loan/salary 15th of the following Revenue Office
minus social insurance and month
allowances
Municipal tax 3% of the gross payroll 15th of the following Municipal/city fund
month
Employer 3.9% + 0.36 to 0.44% of 15th of the following Revenue Office
contributions employer contribution month
to the family surcharge (dependent
assistance fund + on which state)
of the gross payroll

If a due date falls on a Saturday, Sunday or statutory holiday, the next business day becomes the last possible deadline for payment.

www.gruenderservice.at  2.9 TAXES 63


2.9.1.1. Value Added Tax premises or the costs of office materials. This VAT
on the pre-service (input tax) is compared to the
VAT (value added tax) is also called turnover tax. VAT to be paid. The difference is to be reported to
Value Added Tax is levied on the supply of goods the Revenue Office in the respective interim pay-
and other services which an entrepreneur ment period and to be paid in when tax is payable.
makes within the country in return for payment
within the framework of his business, on the You will be liable for VAT as soon as the monthly
entrepreneur's own consumption, the importa- or quarterly amount of VAT received is higher
tion of goods (import taxes on imports from third than the input tax resulting from the payments
countries, acquisition tax for imports from the made.
EU).
You must calculate the value added tax yourself.
As a rule, it can be assumed that services that In general, the advance VAT return- which, as a
entrepreneurs perform for their customers are rule, is to be issued monthly- is to be submitted
subject to VAT. As an entrepreneur supplying via FinanzOnline. New founders can prepare and
goods or performing services, you are solely ac- submit the advance VAT return on a quarterly
ting as a trustee of the money: You collect the basis. New founders can avail themselves of this
VAT from the customer, which is paid in connec- privilege in subsequent years too, up to a yearly
tion with the goods of services you have provided turnover of EUR 100,000.
and you must then pay that VAT onwards to the
Revenue Office. Tax rates
In most cases, VAT amounts to 20% of the net
IMPORTANT: The entrepreneur is liable for fee. In addition, there is also a reduced tax rate of
paying these amounts to the Revenue Office 10% (e.g. for food, books and accommodation)
on time. and a reduced rate of 13% (as of 1 January 2016,
e.g. for firewood, live animals; as of 1 May 2016
In itself and as a cost factor, VAT only has an ef- e.g. for tickets to cultural and sporting events).
fect on the final consumer (consumers: B2C). In In the case of some special deliveries and ser-
normal cases involving business-to-business vices (e.g. deliveries abroad, ‘construction ser-
transactions (B2B) and assuming the statutory vices’ (Bauleistungen) and delivery or processing
requirements have been fulfilled, the Revenue scrap), value added tax is not shown on the in-
Office will reimburse you for the VAT paid by you voice, either because the sales are exempt from
as an entrepreneur to your "upstream sup- VAT or because the liability to pay the tax passes
pliers". Such reimbursement will take the form to the recipient of the goods concerned.
of a tax rebate. This effectively means that in the
B2B domain, value added tax does not impose an Value Added Tax liability
additional cost burden. As a general rule, all deliveries and other
services which an entrepreneur provides within
For example: when you shop at your food retailer, Austria in return for payment as part of their
VAT is charged to you as an end consumer as part business are liable for VAT. Here, an entrepre-
of the price. As a taxpayer, the retailer must pay neur is anyone who performs a commercial or
this VAT to the Revenue Office. At the same time, professional activity independently, for example
the retailer is also charged VAT for pre-services as a businessman, lecturer or landlord.
such as purchasing goods, rent of the business

64 2.9 TAXES  www.gruenderservice.at


Exemptions from VAT any VAT for services performed and you do not
Certain types of turnover are exempt from VAT, need to transfer any VAT to the Revenue Office.
but are nevertheless eligible for tax to be deduc- On the other hand, you do not have any right to
ted at source (income that is genuinely exempt; input tax deduction for the pre-services perfor-
e.g. export deliveries), and turnover exempt from med on your behalf. Should you nevertheless
VAT but that is not eligible for tax to be deducted include the value added tax in an invoice, you will
at source (turnover that is not truly exempt, such be liable to pay the tax amount to the Revenue
as banking and insurance revenues, in addition Office via invoicing. As a small business, you can
to intermediation in relation thereto). forgo tax exemption. This means that you charge
VAT and pay VAT to the Revenue Office "volunta-
Small business operators' scheme rily" even though you as an entrepreneur do not
The "Small business operators' scheme" is pro- meet the EUR 30,000 per-year turnover thres-
bably the most important scheme that is not hold. This option will also entitle you to deduct
truly exempt from value-added tax. If your an- input tax. This arrangement will be of benefit if
nual net turnover is EUR 30,000 or less, you are most of your customers are companies that are
automatically exempt from VAT. This limit may also entitled to deduct VAT (B2B), due to the fact
be exceeded on a one-time basis by no more that, as mentioned above, no VAT is effectively
than 15% within five years. You may not invoice due in the case of B2B transactions.

Annual turnover in euros

>100,000: monthly return

<100,000: quarterly return

<34,500

once every 5 years upon request (option)


<30,000 also liability for VAT
under 30,000

n Business owner - liable for VAT n Small business operator - not liable for VAT

Until the VAT assessment notice is legally bin- Which considerations and consequences should
ding, a written declaration can be made to the you take into account as an entrepreneur with
Revenue Office that one is foregoing the small regard to VAT and the small business operators'
business operators' scheme. The declaration scheme? As soon as you take advantage of the
will be binding on you for at least five years. You small business operators’ scheme, you do not
are obliged to issue invoices for your deliveries need to pay any VAT; however, you also have no
and services in all cases after executing the entitlement to an input tax deduction. But what
sales. The characteristics of a proper invoice are do your initial investments look like? What cu-
detailed below. stomer structure do you have as an entrepre-
neur?

www.gruenderservice.at  2.9 TAXES 65


Are your customers also entrepreneurs or are for building services and the delivery of certain
they "private" customers? The question of whe- goods and materials (e.g. metals) within Austria,
ther the small business operators' scheme is tax liability may transfer to the receiving entre-
advantageous for your business must be decided preneur. In these cases, the service recipient
on a case-by-case basis; there is no universally receives only an invoice from the service-provi-
applicable answer to this question. Your decision ding company for the net amount (no tax is listed)
should not be based on the turnover threshold including a special notification that tax liability
alone. has been transferred. On this basis, the service
recipient is liable for the taxes incurred on the
Our TIP: Take advantage of the free service or delivery. In turn, however, an entrepre-
advice of the founder service BEFORE neur entitled to deduct input tax can itself deduct
submitting your business start-up VAT. Tax liability is also transferred to the service
form, and decide whether the small recipient when, due to the service location rule in
Austria, the service in question is provided by a
business operators' scheme is right for
foreign entrepreneur who does not operate their
you.
business, or have any operating facilities invol-
ved in providing the service, within Austria.

The Small Business Operators' Scheme of the Input tax deduction


Revenue Office versus the Small Business In order to be able to deduct input tax, the in-
Operators' Scheme of the Austrian Social voices received must fulfil certain requirements
Insurance Authority (SVA) (see the information below). For you, as the reci-
pient of the invoice, it is therefore important that
Let us deal with the most important matter first: once received, every invoice be checked for ac-
the small business operators' scheme (Kleinun- curacy and completeness. If the invoice received
ternehmerregelung) is a scheme that relates does not fulfil all the requirements, you will not
solely to value added tax. It is not to be confused be entitled to deduct input tax. You are not en-
with the micro-business operators' scheme titled to deduct input tax on any vehicles except
(Kleinstunternehmerregelung) – which provides those accepted by the tax authorities as vans or
certain concessions in the area of social in- small lorries. For more information, refer to
surance. This privilege enables you to be exemp- http://www.bmf.gv.at/Steuern
ted from the mandatory insurance of the Social
Insurance Authority for Business (SVA) – with the Consolidation of input tax
exception of mandatory accident insurance. You If you turned over EUR 220,000 or less in the pre-
can find out more about this in Chapter 2.4 Social ceding year, you may also apply to consolidate
insurance on page 55. your input tax into a lump sum of 1.8% of your net
turnover (max. EUR 3,960). In addition to this
Transfer of tax liability to the service recipient lump sum, the input tax on investments in de-
(Reverse Charge): Take note of the Reverse preciable fixed assets above a net value of EUR
Charge System (by which the tax liability is trans- 1,100, goods, raw materials, semi-finished pro-
ferred to the recipient of the service). For ser- ducts, auxiliary materials, ingredients and fo-
vices and supply work to customers abroad, and reign wages may also be taken into account.

66 2.9 TAXES  www.gruenderservice.at


Characteristics of a proper invoice
Invoices must be prepared fully, duly and properly if they are to be eligible for input tax
deduction:

1. The name and address of the firm providing delivery or service


2. The recipient’s name and address
3. Date and place of issue
4. The VAT registration number (UID number) of the firm supplying the goods or service
5. VAT registration number of the service recipient (on invoices with a total value of over
EUR 10,000, inc. VAT)
6. The consecutive invoice number
7. the quantity and normal trade name of the objects and/or type and scope of the services
8. Date/time of the delivery or other service
9. The charge of the delivery/service
10. The VAT amount
11. Applicable tax rate or reference to an applicable tax exemption (e.g. ‘VAT-exempt in
accordance with Art. 6 (1) Clause 27 of the Value-Added Tax Act’ > Small business
operator's scheme) or to the transfer of tax liability to the service recipient (e.g. Transfer
of tax liability to the service recipient in accordance with Art. 19 (1))

For low-value invoices (invoices with a maximum gross value of EUR 400), it is sufficient to
state:

1. Name and address of the service provider


2. The date of issue
3. Quantity and description of the service provided
4. The date of delivery/service
5. Gross charge
6. Applicable tax rate in percent

www.gruenderservice.at  2.9 TAXES 67


Sample invoice with the characteristics of a proper invoice

Anyname GmbH
Anyname 1
Trading Company
Anystreet 1a
A – 9020 Klagenfurt
logo Tel. +43 463 12345
Fax: +43 463 12345-78
Anyname KG
Anystreet 4 3 Klagenfurt, 1 February 2019
A – 1030 Vienna 2

Customer no: 1456


Invoice 1/014/19 6 5 VAT ID: ATU12345678

8 Order dated: 10 January 2019


Delivery dated: 1 February 2019

Qty Unit Article Art. No. Unit Price VAT Amt. in €

Unit Printer 147.20 20 % 7,360.00


7 cartridge
Unit Notepad 10.75 20 % 3,225.00

For an explanation of Features 1 through 11 see p. 67.


Unit Biro 1.25 20 % 375.00

Subtotal (excl. VAT)  10,960.00 9


Birim fiyatı
11 + 20 % VAT 2,192.00 10
Total (incl. VAT)  13,152.00
Payment conditions: 10 days 2 % discount
30 days net

We thank you for your order and ask for the transfer of the above amount
to our account with IBAN AT 423456789.

Anyname GmbH | FN 1245w | Klagenfurt Provincial Court | EDP: 0123456 | ATU 87654321 4

‘UID-Nummer’ (VAT ID number) ID Number. An exception is made if a business is


If you provide services and deliveries which are small or is purchasing services within the EU. If
subject to VAT, you will receive a VAT registration you would like to buy goods liable to excise duty
number (VAT ID number) from the Revenue (wine, champagne, spirits, beer, tobacco goods,
Office. You must state your VAT ID number on mineral oil) for your company in a foreign EU
EVERY invoice (worth over EUR 400). The VAT ID country, you require an additional identification
number identifies you as an EU entrepreneur in number. The central customs office is respon-
the event of deliveries or services or the provi- sible for this.
sion of certain other services to entrepreneurs in
another EU country. Entrepreneurs will be noti- Income tax
fied of their VAT registration number at the time This is ‘wage tax’ for self-employed people. The
they are informed of their tax reference number. basis of assessment is your yearly profit or sur-
As a rule, small businesses do not receive a VAT plus. The profit is determined either by the

68 2.9 TAXES  www.gruenderservice.at


double-entry accounting, the income and expenditure account or the lump sum consolidation; the
surplus is determined by the net income account. All other revenue (e.g. employment relationship)
will be added to any profit and surplus. The sum of all your revenue is your income. Total revenue or
income are the basis of assessment for income tax. The tax rate is between 0% and 55%; income tax
only becomes payable when your (annual) income reaches EUR 11,000 or above.

The taxable income is the assessment basis for income tax and
is determined very simply as follows:
1. Income from farming and forestry
2. Income from independent work
3. Income from commercial operation
4. Income from non-independent work (e.g. as a salaried employee, labourer, pensioner)
5. Income from assets (e.g. savings accounts, securities)
6. Income from letting and leasing of property
7. Other income (e.g. life annuities, speculative gains)
= Total amount of income
– special expenses (certain types of personal expenses on which tax relief is enjoyed)
– extraordinary charges (e.g. medical expenses)
– tax-exempt amounts (e.g. child allowance)
= Income (tax assessment basis)
– application of income tax rate
= Income tax
– advance tax payments (e.g. wage tax, advance payment for income tax)
= Credit/additional payment

Following the end of the financial year, you must Your advance payments are solely based on
submit the annual income tax return and, if estimations and predictions. If your advance
applicable, the VAT declaration to the Revenue payments of income tax are disproportionate
Office no later than 30 April if submitting in paper to the profit achieved, you may submit an ap-
form and 30 June if submitting them electroni- plication by 30 September of any given year,
cally. You must generally submit tax returns to requesting an adjustment in the amounts of
the Revenue Office via FinanzOnline. Forms the advance payments being made.
submitted on paper (available from the Revenue
Office) are only acceptable in exceptional cases.
If you are represented by a tax adviser, these Once the tax has been assessed, certain amounts
deadlines are extended. will be offset: if your advance payment has been
too high, you will receive a credit for the balance;
IMPORTANT: You pay income tax every quar- if it has been too low, you must make up the dif-
ter in advance. Your estimate as stated on the ference. In the case of extra-occupational ventu-
Revenue Office business start-up form will res, you generally need to make up the difference
form the assessment basis for the initial year. for the first year.

www.gruenderservice.at  2.9 TAXES 69


Tax-free profit allowance
Apart from the operating expenses, the tax- Furthermore, depending on investments in cer-
exempt profit allowance (a notional operating tain tangible assets and securities, an additional
expense granted under tax law) also reduces the tax-free profit allowance conditional upon in-
assessment basis for income tax on sole pro- vestments of 13% for profits over EUR 30,000 can
prietorships and partners in business partner- be claimed. This tax-free allowance is reduced
ships (not GmbHs and AGs). Every entrepreneur on a scaled basis for very high incomes starting
is entitled to a tax-free allowance of 13% of their from EUR 175,000. The yearly tax-free profit al-
profit up to a maximum profit of EUR 30,000 lowance is limited to a total of EUR 45,350 per
(meaning a maximum tax-free allowance of EUR entrepreneur.
3,900). This exemption allowance is also avai- No income tax is payable on incomes up to EUR
lable for companies with operating expenses 11,000. For incomes above EUR 11,000, the ap-
estimated at a flat rate. plicable tax rate rises with the level of income as
outlines below. As income tax rates are progres-
sive, the relevant tax rate, always commencing
from 0%, is applied to a part of your income.

Income tax rate (from 1 January 2016 onwards)

Natural persons (EU, OG, KG)

All Income Tax ø-


income e e Tax
above
55% > 1,000,000

910,000 50% 1,000,000 487,88048.79%

30,000 48% 90,000 32,88036.53%

29,000 42% 60,000 18,48030.80%

13,000 35% 31,000 6,30020.32%

7,000 25% 18,000 1,7509.72%

11,000 TAX-FREE 0% 11,000 0.0 0%

70 2.9 TAXES  www.gruenderservice.at


Income tax rate
The two examples below show the level of income tax when the underlying income is between
EUR 20,000 and EUR 40,000. An income of EUR 20,000 incurs EUR 2,450 in tax. The amount of tax rises
to EUR 10,080 for an income of EUR 40,000. The reason for this rapid increase is the fact that all income
above EUR 11,000 is already subject to full taxation.

Example 1: Income EUR 20,000


Income Tax in % Tax in EUR
11,000 0% 0
7,000 25% 1,750
2,000 35% 700
20,000 12.25% 2,450

Example 2: Income EUR 40,000


Income Tax in % Tax in EUR
11,000 0% 0
7,000 25% 1,750
13,000 35% 4,550
9,000 42% 3,780
40,000 25.2% 10,080

IMPORTANT: As of 1 October of the year follo- years in a row, and you offset these against any
wing the one in which the tax debt has been other income in your income tax declaration so
incurred, the Revenue Office charges debit as to reduce your tax bill, the Revenue Office may
and credit interest on the tax owing and/or the question the status of your company. It will then
resultant tax until the tax ruling has been is- be classed as a hobby, and you will no longer be
sued for the year concerned. The deadline for able to offset losses. In order to rule this out in
submitting a tax return can be extended in advance, a plausible planning account should be
some cases, upon substantiated application. prepared before the foundation of your business.
In addition to the actual operating expenses or The founder service can provide support and ad-
the operating expenses which are estimated vice about this.
at a flat rate, the tax-exempt profit allowance
also reduces the assessment basis for income Our TIP: You can calculate your income
tax for sole proprietorships and partners in
tax on the Federal Ministry of Finance
business partnerships (not GmbHs and AGs).
website: https://www.bmf.gv.at/Steuern/
Hobbies
Hobbies are also to be considered in terms of Remember, you are welcome to contact the
income tax law. Hobbies are defined as activities Austrian Federal Economic Chamber (Start-Up
that are not practised with the intention to make Service, district and regional office) of your
a profit. If your company makes losses several district if you have any questions.

www.gruenderservice.at  2.9 TAXES 71


Capital gains tax per quarter). In the subsequent five calendar
Since 2012, the sale of real estate property by years, minimum corporation tax of EUR 1,000
private individuals and businesses has been per year is incurred (which equates to an ad-
taxed at a fixed rate of 30% (since 1 January 2016, vance payment of EUR 250 per quarter).
previously this was 25%). Income of this type is
therefore taxed at a single rate in its own right A GmbH set up in 2016, therefore, would have to
and is no longer included amongst an individual's pay at least EUR 500 in 2017 – in four equal in-
other income (and therefore does not increase stalments on 15 February, 15 May, 16 August and
the tax rate to be applied on his/her other in- 15 November.
come).
Profits are liable for a further 27.5% capital gains
2.9.1.3. Corporation tax tax if they are distributed to the shareholders.
Corporation tax is the ‘income tax’ on corporati-
ons such as a GmbH. It amounts to 25%, irre-
spective of the amount earned. 2.9.1.4. Other taxes
Other taxes may also be payable. If you employ
The minimum corporation tax advance payment staff, you must also pay wage tax (which the em-
per quarter is always 5% of the minimum share ployer deducts from payments to employees and
capital required by law. Share capital of EUR pays to the Revenue Office on their behalf), mu-
35,000 incurs a minimum corporation tax of EUR nicipal tax, employer contributions and employer
1,750 per year. However, a taxable foundation contribution surcharges. The tourism duty (state
privilege is introduced for newly founded corpo- duty) is payable in all cases, and vehicle tax (for
rate enterprises. In the first five calendar years HGVs over 3.5 t), advertising duty (for the inclu-
after the business is founded, the reduced mini- sion of advertisements in printed matter), nor-
mum corporation tax amounts to EUR 500 per mal consumption duty (vehicle sales) or local tax
year (this corresponds to a payment of EUR 125 (tourism) are payable, depending on the sector.

Our TIP: Try FinanzOnline (https://finanzonline.bmf.gv.at), part of the Business


Service Portal (www.usp.gv.at). You can use FinanzOnline in particular to send in the
advance VAT return (U30) and to send in your VAT, income tax and corporation tax
returns.

Your Austrian Federal Economic Chamber office also provides detailed information
flyers on many tax topics.

72 2.9 TAXES  www.gruenderservice.at


| 2.10. TRADE LAW provide clarification of whether you might be a
member of the Austrian Federal Economic
For any form of commercial activity, you need a Chamber anyway (e.g. if you are a certified ac-
trade licence, which is issued free of charge by countant), defined on the basis of other statutory
the trade authority (district administration, town provisions.
or city council) – the ‘excerpt from the Trade
Register’, formerly ‘trade licence’. Your work is
of commercial nature if you practise your trade 2.10.1. What types of trades are there?
independently, regularly and for financial gain.
An activity is deemed to be independent if you There are three types of trades:
practise it for your own account and at your own
risk. In turn, an activity is considered ‘regularly 1.Free trade
practised’ if it can be assumed that the activity (without Certificate of Competence)
will be repeated or will usually take a longer e.g.
period of time to carry out.  S ervices in automatic data processing
 O ffice work
What trade licence do you need?  P etrol stations
 C ommercial enterprises
That depends on the activity you will be perfor-  A dvertising agencies
ming. If it is a type of craft, you will need a licence  F ingernail modelling
in a licensed trade (craft) (e.g. car repair =  A ssembly of furniture kits
motor-vehicle engineering, making furniture =
carpenter). However, there are also activities 2. Licensed trades and crafts
which cannot be so easily classified. In these ca- (Certificate of Competence required),
ses, it will be necessary to find out which trade e.g.
licence is required.  B utchers
 B usiness consultants
IMPORTANT: If you wish to work in a trade as  Insurance agents
described above, you need a trade licence –  C arpenters
trade registration is free.  B eauticians

The trade licence regulates your rights and obli- 3. Licensed trades,
gations as a tradesman. Only those independent subject to special authorisation,
professions that are usually governed by other (known as ‘legally regulated trades’),
laws (e.g. medical doctors, pharmacists, nota- e.g.
ries, farmers, etc.) and/or the ‘new independent’  B uilders
trades (e.g. psychotherapists, physiotherapists,  P yrotechnics companies
speakers/performers, etc.) are expressly exclu-  M aster carpenters
ded from the scope of applicability of the Trade  C ommercial financial consulting
Regulations Act. If you believe that the occupa-  G as and sanitary engineering
tion you wish to practise is not a commercial ac-
tivity, you should contact the Founder Service
(regional or community office) in your federal In order to keep to your business foundation
province in any case. You will receive compre- schedule, you need to know the trade to which
hensive information free of charge as to whether your business corresponds, so you should clarify
your assumption is correct. That information will the matter at the earliest possible date.

www.gruenderservice.at  2.10. TRADE LAW 73


2.10.2. C
 ertificate of examination (formerly the concessionary exami-
Professional Competence nation) or a number of other means, such as at-
tending vocational training schools (HTL [voca-
Your Certificate of Professional Competence at- tional technical college], HAK [commercial aca-
tests to the fact that you have achieved the re- demy], etc.) combined with time on the job. Cer-
quired level of specialist and commercial know- tificates of Professional Competence are valid
ledge, skills and experience in order to practise for one person only, i.e. they are not transferable.
your trade independently. The certificate is
awarded to you after you have passed classic If you do not meet the requirements for a Certi-
tests such as the master craftsman’s certificate ficate of Professional Competence, there are still
examination (Meisterprüfung), the qualification other ways to become independent.

What to do if you do not have a Certificate of Competence?


The following options are open to you if you meet the general requirements but
do not have a Certificate of Professional Competence:

 Individual competence (Art. 19 of the Industrial Code): After determining your individual
competence, the trade authority takes your professional experience into account. You
should definitely submit all training certificates and employment testimonials and a social
security summary for that purpose.
 Qualification or master's examination: The Austrian Federal Economic Chamber and/or
the Austrian Federal Economic Chamber's Institute of Business Promotion offers courses
to prepare for the examination. The Austrian Federal Economic Chamber also organises
and gives the examinations for the most part.
 Forming a partnership (e.g. OG, KG): Here, the partner with unlimited liability (general
partner of KG) must bring their Certificate of Professional Competence into the company.
 Hiring a managing director under trade law: the managing director under trade law brings
their Certificate of Competence to the company. He is active in the company for at least one
half of the normal weekly working hours and is an employee fully requiring social insurance
and who must be paid at least in accordance with the collective bargaining agreement. He
must be capable of enforcing the regulations under trade law for the trade concerned.

This issue is a tricky one, so be sure to acquire advice from the Business Start-up Service and take
advantage of our comprehensive expertise for your own assurance.

2.10.3. What are the requirements?

A trade licence will be given to you if you meet the following requirements, over and above the
Certificate of Professional Competence that is necessary for certain trades:
 You are 18 or older.
 You are a citizen of an EU Member State or an EEA signatory state or other state with which an in-
ternational treaty has been signed or you have a residence permit that entitles you to practise the
independent activity you desire.
 Your residence is in Austria, a member state of the EU, an EEA signatory state. Residence in Austria
is not required if enforcement of administrative penalties is assured in the trade holder’s home

74 2.10. TRADE LAW  www.gruenderservice.at


country by virtue of a treaty. The managing director under trade law must be in a position to work
in the business accordingly.
 There are no grounds for disqualifying you – e.g. convictions on the grounds of tax-law offences,
court convictions, and, in specific instances, insolvency proceedings.

Types of trade Certificates of Commencement of work


Professional Competence

Free Trade: No Certificate of Professional Upon registering the trade


Competence necessary; but you
do need a trade licence

Licensed Trade: You need a Upon registering the trade
Certificate of Professional if the Certificate of Professional
Competence Competence is available

Officially regulated trade: You need a Certificate of As soon as the trade authority
Professional Competence and issues the legally effective
a reliability confirmation ruling

2.10.4. Ancillary rights 2.10.5. Freedom of establishment and


freedom to provide services
In total, supplementary services from other (li-
censed and free) trades worth up to 30% of an- Due to the EEA Treaty, the EU regulations on
nual turnover may be supplied without requiring freedom of establishment and freedom to pro-
their own trade licence. These services must vide services apply in Austria. Freedom of esta-
represent an economically sound addition to blishment allows you as a businessperson to
your business's own activity. Please note that found and operate an enterprise or company in
another rule is applicable when crossing over to every other EEA/EU Member State.
a licensed trade: as part of an existing contract,
services from other licensed trades may be un- Freedom to provide services provides you with
dertaken. Please note: these supplementary the option of conducting your business in other
services from licensed trades must not make up Member States. Members of EEA/EU states who
more than 15% of your business's own services settle in Austria in order to ply a trade or to do
(contract value or time spent). These limits must commissioned trade work are equivalent to Au-
be strictly observed. Detailed information on strians in terms of citizenship. However, they
how ancillary rights affect your start-up plans must hold the requisite Certificate of Professio-
and which trades ultimately need to be registe- nal Competence to practise a trade in Austria.
red can be provided as part of your consultation.

www.gruenderservice.at  2.10. TRADE LAW 75


Find out in advance what requirements you must business premises (including new buildings or
fulfil in order to work in Austria (e.g. certified conversions) require a licence in accordance
translations of Certificates of Professional Com- with the Industrial Code. This means that you
petence, residence permits for non-EU/EEA na- must apply for a business premises permit.
tionals, etc.). Please contact the start-up service Exceptions to this rule are temporary business
for more information on this subject! premises such as marquees erected by the pro-
prietors of pubs or hotels outside their existing
TIP: Be sure to clarify the trade-law premises for the purpose of special events.
issues in advance – it is a basic
prerequisite for your entrepreneurial This is not necessary if your business premises
have no negative effect on the protection inte-
success.
rests set out in the Industrial Code (as is the case
with office-only operations, for example). Only
once a legally valid letter of authorisation has
been issued will it be possible to commence the
| 2.11 B USINESS construction and operation of the premises.
PREMISES LAW
Commercial business premises include:
2.11.1. Location  workshops
 hotels
Choosing and planning a location are important  inns
factors for your company’s success. A wide va-  parking areas for lorries
riety of criteria play an important part in your  garages
decision, including
 land zoning You must obtain a permit if the business
 traffic (access road, parking areas, shipping premises
and receiving options) – poses a risk to the life or health of the opera-
 proximity to raw material supply tor, the neighbours or the customers,
 availability of manpower – poses a risk to the property or other real
 distance from suppliers and customers rights of the neighbours,
 subsidies and public funding – significantly compromises traffic safety and
 environmental regulations flow,
 land costs – has a detrimental effect on the quality of
 level of competition water bodies,
 purchasing power – in so far as no requirement for approval has
yet been introduced in relation to the
Taking all of these influential factors into ac- regulations governing water and water
count when considering a business location will conservation,
help you operate your business successfully in – compromise the practising of religion in
the long term. places of worship, education in schools, the
operation of
2.11.2. General – hospitals and sanatoriums or the operation of
other facilities serving the public interest.
Business premises are defined as any facility
that is fixed in a single location and is used to
conduct a business activity. Generally, these

76 2.11. BUSINESS PREMISES LAW  www.gruenderservice.at


In what cases does a business premises not Normal Procedure
require a permit? Following recent changes, a This procedure is made up of four phases and is
permit is not required for the following types of handled by the district administration/munici-
business premises: pal authority or the district municipal authority
– Retail business with a floorspace of up office. You will need to provide the following do-
to 200 m² cuments for this procedure:
– Office-based companies
– Warehouses in enclosed buildings for the sto- Documentation – informal application for
rage of goods and operating resources, with a authorisation of business premises which you
floorspace of up to 600 m² attach in quadruplicate to the following infor-
– Cosmetics, footcare, hairdressing or massage mation:
businesses or medical stores  d escription of the business including a list of
– Clothing alteration stores and shoe repair machinery and other operational installati-
services ons: list of equipment and machinery inclu-
– Photography studios ding technical data, layout plan, site plan,
requisite plans and sketches,
One of the pre-conditions that apply to a busi-  p rocedural description of the operation –
ness premises for which no permit is needed is type of work, work procedures, hours of ope-
that it will only operate between the following ration, type of heating, etc.,
hours of business:  w aste management plan including an esti-
– On working weekdays from Monday to Friday mate of future development; and one copy of
from 06:00 to 22:00 – except for deliveries the following:
– On working Saturdays from 06:00 to 19:00 – – technical documentation necessary during
except for deliveries investigating procedures for evaluating the
– For deliveries on working weekdays from project and the premises’ anticipated
Mon.-Fri. from 06:00 to 19:00 emissions,
– For deliveries on working Saturdays from – name(s) and address(es) of the business
06:00 and 18:00 premises’ owner(s),
– the owners of the properties immediately
TIP: Before starting a project, adjacent to the premises (name and
registering a commercial activity or address of the trustee(s) in the case of
signing a rental agreement, please be apartment complex owner(s),)
sure to find out whether you actually – documentation necessary to evaluate the
protection of the interests of others which
require a business premises permit or
must also be taken into account by the au-
not.
thorities (according to other statutory re-
gulations) in proceedings to authorise the
Authorisation procedures business premises.
There are two types of authorisation procedure,
differing in their length. Thus it is difficult to Simplified procedure
make a blanket statement as to what the ideal In order to reduce the expense of business pre-
time is for submitting an application. The indivi- mises authorisation procedures, so-called sim-
dual procedures can be comprehensive and take plified procedures may be conducted in some
a long time. Therefore we recommend that you cases. These do not provide for visual inspection
contact the authorising office at the earliest pos- hearings and thus do not include neighbours as
sible date. We will be glad to provide you with parties in the proceedings.
some initial information.

www.gruenderservice.at  2.11. BUSINESS PREMISES LAW 77


This is the case, for example, if the operating If you have answered ‘yes’ to some of these que-
area is no larger than 800 m2 and the machinery stions, we recommend that you contact the com-
connection power (= the sum of the electricity petent office at the Austrian Federal Economic
consumption of all machinery used in the busi- Chamber. You can also attend building discus-
ness, except office equipment and lighting) does sion meetings in some of the provinces to talk
not exceed 300 kW. Furthermore, assurance about the project there.
must be provided that, due to the premises’
planned design (prognosis – actual facts), it is Waste Management Plan
anticipated that hazards, annoyances, etc. will If you provide employment to more than 20
be avoided. people, you must prepare a waste management
plan for any waste that is generated while opera-
Further Permits ting your plant. It must be submitted within 12
Apart from the business premises permit, a months of starting the business or after hiring
number of other permits may be required, e.g.: the 21st employee. Additionally, it is an essential
 Building permit part of the plant approval procedure. Be sure to
 Rededication of space clarify whether you must also prepare a waste
 Permits under waste management law – management plan in the course of consultation
waste management plan on founding your business. You can find more
 Permits under water laws information on the topic of operating premises
 Permits under nature conservation law law by going to wko.at.
 Permits according to the Federal Roadways
Act [Bundesstraßengesetz]

Here you will find a short checklist to help you


quickly decide whether you need further advice
on business premises permits:

Location of the business premises:


Land zoning known  Yes/No
Building regulations and
workplace regulations known  Yes/No
Situation with neighbours  Good/Poor
Traffic volume  Slight/Significant
Work procedures:
Working hours  Day/Night
Noise  Yes/No
Dust  Yes/No
Odour  Yes/No
Effect on water courses  Yes/No
Future activities:
More production  Yes/No
More manpower  Yes/No
More buildings  Yes/No
More traffic Yes/No

78 2.11. BUSINESS PREMISES LAW  www.gruenderservice.at


3
FOUNDING
| What advice do I receive where?
| What are the steps to founding a business?
| Which authorities must I contact?

visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

www.gruenderservice.at  3. FOUNDING 79
| 3.1. TRADE REGISTRATION Only persons not resident in Austria or resident
in Austria for less than five years must include a
Register your trade at the responsible district police clearance certificate from their home
administration authority – depending on the lo- country or previous country of residence: origi-
cation of your business. This will be either the nal and certified translation, not issued more
district commission, the magistrate or the than three months previously. In addition, resi-
district municipal authority. To see whether you dence in the previous country of residence must
can register your trade electronically, contact be proven (e.g. registration confirmation).
the Start-Up Service of your local office of the
Austrian Federal Economic Chamber. For partnerships:
 E
 xcerpt from the Company Register –
TIP: Use the Start-Up Service’s trade no older than six months
registration service.  A
 declaration that there are no grounds for
the persons with significant influence on the
You can start working right away if you company’s businesses to be excluded from
fulfil all of the requirements during practising this trade.
registration. However, for certain trades
Managing directors authorised under trade
you must have a legally binding issu-
law must submit:
ance notice before you start practising
 P
 assport (and residence permit if necessary)
your trade.
 C
 onfirmation from the regional social in-
surance company (Gebietskrankenkasse) of
Your trade registration must include the follo- the employment of the managing director
wing information:  C
 ertificate(s) of Professional Competence
 Personal information  M
 anaging director declaration
– Name
– Birth date
– Place of residence | 3.2. OTHER AUTHORITIES
– Nationality
 Exact name of the trade 3.2.1. Social insurance
 Information about the location
As a rule, you must be covered under compul-
The following documents are to be included in sory insurance as of the day you acquire a trade
your trade registration: licence or on the day on which the membership
of the Austrian Federal Economic Chamber by
For sole proprietorships: virtue of such a trade licence commences. The
 Passport (and residence permit if necessary) trade authority automatically notifies the social
 Documentation of academic degrees insurance institution (SVA) of a trade registra-
 A declaration that there are no grounds to be tion. You will receive a welcome letter within four
excluded from practising this trade weeks of your trade licence becoming effective.
 Certificate of Professional Competence If you don’t, please contact the SVA.
(for licensed trades)
You can find general information on social in-
surance on page 53 under Social insurance.

80 3.1. TRADE REGISTRATION  www.gruenderservice.at


The SVA provides an online guide on the topic you will need, for example, to estimate your in-
‘social insurance for self-employed people’. come (profit) for the first two years. The Revenue
www.svagw.at -> Unternehmensgründung -> Office will use your estimate to determine your
Download ‘Gewerbliche Sozialversicherung quarterly advance payments of income or corpo-
Erstinformation’ ration tax. Accordingly, you should be careful and
realistic when estimating your results for the
3.2.2. Revenue Office first two years. If your estimated profits are high,
you will pay a high advance payment. Even
You must notify the Revenue Office responsible worse, if they are too low, you will have to make
for your place of business or residence that you a high post-payment in the following years.
have taken up business activities within one
month. In an informal notification you must The Revenue Office will use this required reve-
disclose that you have opened a business and nue estimate to determine if the small business
request that a tax reference number be assigned exemption will come into effect with regards to
to you. The Revenue Office will then send you a income tax (up to EUR 30,000). If you so desire,
form. Generally speaking, you should complete you can waive this exemption right in the busi-
this business start-up form together with your ness start-up form. Your tax expert will give you
tax expert. Once you have submitted the comple- more information on this provision and its ad-
ted form and the Revenue Office has verified your vantages and disadvantages.
identity, they will assign you a tax reference
number and a team. Should you establish business relationships with
companies in EU-member states, you will need
The form is also available for download on the a VAT ID number (UID). However, it is also a com-
Revenue Office’s website. In the form database, pulsory invoice detail when applying the stan-
select the applicable form: dard tax rules within Austria Unless your busi-
ness falls under the small business exemption,
‘Verf24’ for sole proprietors the Revenue Office will automatically issue you
‘Verf15’ for corporations this number.
‘Verf16’ for partnerships Otherwise, you can apply for it at the Revenue
In order for your identity to be verified, you will Office.
either need to go to the Revenue Office in person
with an official photo ID or attach a copy thereof Tax and team numbers serve as your identifica-
to your questionnaire. tion and therefore should appear on all docu-
ments sent to the Revenue Office (letters,
The business start-up form contains a number payments, etc.). The tax authority will set up a
of questions, which, once answered, will deter- deliveries account under your name and tax
mine the size of the advance payments of taxes reference number to which all payments will
or whether certain types will need to be levied in be made, e.g. for income and corporation tax;
the first place. This, in turn, may have a conside- VAT, if applicable; and wage-related taxes. It is
rable effect on your liquidity and therefore on the quite possible that a field representative of the
activities of your business. For this reason, it is Revenue Office will pay a ‘first visit’ to your com-
important to complete the business start-up pany. This allows the tax authority to get a better
form carefully. For the business start-up form picture of your actual circumstances.

www.gruenderservice.at  3.2. OTHER AUTHORITIES 81


3.2.3. Company Register According to the New Business Support Act
(Neufög), the Company Register entry fees are
The Company Register is a publicly accessible waved for new entrepreneurs and new business
database of the Company Register Court. It ser- takeovers. For this to happen, a consultancy
ves as an itemisation and publication of the facts form (Declaring the foundation of a new busi-
which are to be entered in accordance with com- ness or the transfer of a business – NeuFöG
mercial law. form) issued by the Austrian Federal Economic
Chamber (Start-up Service, district office or
The following legal entities are entered into the specialist board) is required.
Company Register:
 General partnerships For more information, please visit:
(Offene Gesellschaft – OG) www.gruenderservice.at -> Planung
 Limited partnerships -> Kapitalbedarf -> Gründungskosten
(Kommanditgesellschaft – KG)
 Public limited companies
(Aktiengesellschaft – AG) | 3.4. S TART-UP SERVICE
 Private limited companies (Gesellschaft mit CONSULTATION
beschränkter Haftung – GmbH)
 Sole proprietorships are required to enter if Do you still have questions? If so, please get in
their annual turnover exceeds EUR 700,000 touch to arrange a consultation appointment. We
but can enter voluntarily beforehand. are here to assist you from the beginning at 90
locations across Austria.

| 3.3. Start-up costs In a personal consultation, we will support you in


the first analysis of your business idea and will
provide guidance on the topics of trade law, legal
Business registration is generally free of charge. form, social insurance, taxes, subsidies, loca-
tion, business premises authorisation, minimum
Other start-up costs depend on whether you are turnover, etc.
starting a sole proprietorship or a partnership.
Our entrepreneur workshops give you the op-
 In a partnership, Articles of Association are portunity to obtain all of the important basic in-
usually drawn up by a lawyer or notary. In ad- formation in a short period of time. You can find
dition, the partnership must be entered in the information on the regular courses on our
Company Register. Therefore, costs for legal ‘Events’ page.
advice and Company Register entry arise.
 A sole proprietorship only accrues costs when
it is entered into the Company Register.

82 3.3. START-UP COSTS/3.4. Start-up Service Consultation www.gruenderservice.at


| 3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS

3.5.1. The 7 stages of founding your sole proprietorship

1
1. Consultation on founding, financing and legalities
from the Business Start-up Service and/or the competent departments and/or groups at your
Austrian Federal Economic Chamber. Pay special attention to the trade information and whether
you need a business premises permit.

2
2. Declaring the foundation of a new business or the transfer of a business (NeuFöG)
Certain levies, contributions and fees directly connected with founding a new business or taking
over one (whether or not in return for payment) are not collected, provided that you submit a decla-
ration on founding a new business or taking over an existing one on the form provided (NeuFö 2).
Your Austrian Federal Economic Chamber must issue your declaration. The Business Start-up
Service, the technical groups and/or guilds and district/regional offices are the contacts at the
Austrian Federal Economic Chamber.

Due to the 2017 trade law amendment which came into force on 18.7.2017, documentation and
records created and issued on the basis of the Trade Regulations Act, as well as submissions on
the subject of the creation and issuance of documents based on the above federal law, are exemp-
ted from government stamp duties and administrative levies. Registering a trade, among other
things, is thus free of charge.

3
3. Trade registration
Registering a trade online: Contact the Start-Up Service or the local or regional office of your
Austrian Federal Economic Chamber in connection with the possible online registration of a trade.
You will need the following documents to register your trade:

3.1 If the entrepreneur provides their own evidence of certificate of professional competence (e.g.
via a master craftsman's examination certificate):
 a passport
 police clearance certificate from the country of origin (in a certified translation) for persons
not resident in Austria or resident in Austria for less than five years
 proof of qualification (e.g. master's or qualification examination certificate, school or work
certificates) or established individual qualification (free trades not requiring a licence are
excepted; no proofs are required at all for them)
 proof of establishment or residence permit for the purpose of self-employed activity for
non-EU citizens

3.2 If you are not providing a Certificate of Professional Competence yourself and, instead, are
appointing a managing director authorised under trade law (working in the firm for at least 20
hours a week): Persons registering a trade must submit:
 a passport
 police clearance certificate from the country of origin (in a certified translation) for persons
not resident in Austria or resident in Austria for less than five years
 proof of establishment needed for non-EU citizens

www.gruenderservice.at  3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS 83


Managing directors authorised under trade law must submit:
 passport
 police clearance certificate from the country of origin (in a certified translation) for persons
not resident in Austria or resident in Austria for less than five years
 confirmation from social insurance (GKK) that the managing director under trade law is
registered as an employee of the person registering the trade for at least 20 hours per week
 proof of qualification (e.g. master's or qualification examination certificate etc.)
 declaration by the managing director authorised under trade law on his activity in the firm (on
the form provided). The person registering the trade and the managing director under trade
law must not be disqualified from practising the trade as defined in Art. 13 of the Trade
Regulations Act (GewO).
When you register your trade you become a member of the Austrian Federal Economic Chamber and
must pay contributions accordingly. You can obtain further information from the Austrian Federal
Economic Chamber in your federal province.

4 4. Regional Health Insurance Company (GKK)


You must report employees to the competent GKK (Gebietskrankenkasse) prior to hiring them
(commencement of work). If you employ a managing director under trade law, you must register
him at the GKK before registering your trade (effectiveness as of the trade registration is an option),
since you must submit a confirmation from the GKK on the employment relationship to the trade
authority.

5 5. Trade social insurance


You must register with the Social Insurance Institute for Trade and Commerce within the initial
month of operation. The registration for the social insurance commission may also be directly
submitted together with registering your trade with the district administrative authority, which will
then forward it to the social insurance commission.

6 6. Revenue Office
Report your trade activity and apply for a tax ID number at the Revenue Office within the first month
of operation. The report for the Revenue Office may also be submitted together with registering
your trade with the district administrative authority, which will then forward it to the Revenue Office.

7
7. Community/City
But please note that you require a zoning certificate and a building permit (usage permit) for your
chosen business premises if the work is not usually done in homes/apartment buildings (e.g. trade,
crafts, and hospitality services).

Notify the community or city administration of employees you have hired (for municipal tax purposes).

Furthermore, a sole proprietor must be entered into the Company Register once they reaches the
level of accounting responsibility threshold, This threshold is an annual turnover of EUR 700,000.
If the threshold is not reached, they can register voluntarily.

84 3.5.OVERVIEW OF THE STEPS TO STARTING A BUSINESS www.gruenderservice.at


3.5.2. The 9 stages of founding an OG or a KG

1
1. Consultation on founding, financing and legalities
from the Business Start-up Service and/or the competent departments and/or groups at your
Austrian Federal Economic Chamber. Pay special attention to the trade information and whether
you need a business premises permit.

2
2. Declaring the foundation of a new business or the transfer of a business (NeuföG)
Certain levies, contributions and fees directly connected with founding a new business or taking
over one (whether or not in return for payment) are not collected, provided that you submit a decla-
ration on founding a new business or taking over an existing one on the form provided (NeuFö 2).
Your Austrian Federal Economic Chamber must approve your declaration. The Business Start-up
Service, the technical groups and/or guilds and district/regional offices are the contacts at the
Austrian Federal Economic Chamber.
Due to the 2017 trade law amendment which came into force on 18/7/2017, documentation and
records created and issued on the basis of the Trade Regulations Act, as well as submissions on
the subject of the creation and issuance of documents based on the above federal law, are exemp-
ted from government stamp duties and administrative levies. Registering a trade, among other
things, is thus free of charge.

3
3. Articles of association
OGs/KGs are established on the basis of articles of association (concluded between at least two
persons); there are no special formalities involved and the articles may be concluded verbally or in
writing. However, we recommend that they be made in writing for evidentiary reasons.

4
4. Entry in the Company Register/application for registration
OGs/KGs do not fully exist in legal terms until they are entered in the Company Register. Partners may
draw up an application for registration themselves. However, the signatures appearing on the appli-
cations and the sample signatures must be certified by a notary public or a court (district court).

You will need to submit the following documents when applying for registration:
 articles of association (if available; not mandatory but recommended)
 specimen signatures, certified by a notary or district court, of all bodies authorised to repre-
sent the company (personally liable shareholders)

You must provide the following information with your application for the registration of a company
even if you do have articles of association
 company (limited partners) may not appear in the company name, the legal form suffix OG or
KG must be used
 liability amount of the individual limited partners
 registered office of the company and the main business address used for the company
 description of business sector
 names, dates of birth and addresses of the shareholders

www.gruenderservice.at  3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS 85


 If not all the personally liable shareholders are authorised signatories, this must be entered
into the Company Register
 rules on representation
 date on which the articles of association were established
 for citizens of third countries (non-EEA citizens), a residence permit and, for the personally
liable shareholders, a valid work permit or exemption certificate are also needed.

5 5. Trade registration

Registering a trade online: Contact the Start-Up Service or the local or regional office of your
Austrian Federal Economic Chamber in connection with the possible online registration of a trade.

You must include the following documentation with your trade registration:
 passports of all persons with significant influence (i.e. personally liable shareholders or
limited partners with special management powers or similar)
 excerpt from the Company Register
 police clearance certificate from the country of origin (in a certified translation) for the mana-
ging director under trade law and for all personally liable shareholders if they are not resident
in Austria or have been resident in Austria for less than five years
 a declaration that there are no grounds for any of the persons with significant influence (i.e.
personally liable shareholders or limited partners with special management powers or simi-
lar) to be excluded from practising this trade due to insolvency or previous criminal offences
(Art. 13 of the Industrial Code)

Managing directors authorised under trade law must also submit:


 passport
 confirmation from social insurance (GKK) that the managing director under trade law is regi-
stered as an employee for at least 20 hours per week (not necessary if the managing director
under trade law is also a personally liable shareholder)
 proof of qualification (e.g. master's or qualification examination certificate, school or work
certificates) or issued individual qualification (except for free trades)
 declaration by the managing director under trade law that they work for the company (form).
The managing director under trade law and the personally liable partners must not be disqua-
lified from practising the trade (Art. 13 of the Trade Regulations Act, GewO).

When you register your trade you become a member of the Austrian Federal Economic Chamber and
must pay contributions accordingly. You can obtain further information from the Austrian Federal
Economic Chamber in your federal province.

86 3.5.OVERVIEW OF THE STEPS TO STARTING A BUSINESS www.gruenderservice.at


6
6. Regional Health Insurance Company (GKK)
You must report employees to the competent GKK (Gebietskrankenkasse) prior to hiring them
(commencement of work).
If you employ a managing director under trade law, you must register him at the GKK before regi-
stering your trade (effectiveness as of the trade registration is an option), since you must submit a
confirmation from the GKK on the employment relationship to the trade authority.

7
7. Trade social insurance
All partners in an OG and personally liable partners in a KG (general partners) must be insured with
the Austrian Social Insurance Authority for Business (GSVG [social insurance act for trade and in-
dustry]), where insured persons must register within one month. The registration for the social
insurance commission may also be submitted electronically together with registering your trade
with the district administrative authority, which will then forward it to the social insurance commis-
sion.

8
8. Revenue Office
Report your trade activity to the Revenue Office and apply for a tax ID number for the shareholder(s)
and the company within the initial month of operation. The report for the Revenue Office may also
be submitted together when registering your trade with the district administrative authority, which
will then forward it to the Revenue Office.

9
9. Community/City
But please note that you require a zoning certificate and a building permit (usage permit) for your
chosen business premises if the work is not usually done in homes/apartment buildings (e.g. trade,
crafts, and hospitality services).

Notify the community or city administration of employees you have hired (for municipal tax pur-
poses).

www.gruenderservice.at  3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS 87


3.5.3.The 11 stages of founding a GmbH

1
1. Consultation on founding, financing and legalities
from the Business Start-up Service and/or the competent departments and/or groups at your
Austrian Federal Economic Chamber. Pay special attention to the trade information and whether
you need a business premises permit.

2
2. Declaring the foundation of a new business or the transfer of a business (NeuföG)
Certain levies, contributions and fees directly connected with founding a new business or taking
over one (whether or not in return for payment) are not collected, provided that you submit a decla-
ration on founding a new business or taking over an existing one on the form provided (NeuFö 2).
Your Austrian Federal Economic Chamber must approve your declaration. The Business Start-up
Service, the technical groups and/or guilds and district/regional offices are the contacts at the
Austrian Federal Economic Chamber.
Due to the 2017 trade law amendment which came into force on 18/7/2017, documentation and
records created and issued on the basis of the Trade Regulations Act, as well as submissions on
the subject of the creation and issuance of documents based on the above federal law, are exemp-
ted from government stamp duties and administrative levies. Registering a trade, among other
things, is thus free of charge.

3 3. Articles of association / Establishment declaration


The founder(s) must obtain articles of association in the form of a notarial deed.

4
4. Shareholder's resolutions
These resolutions concern the appointment of the managing director(s) and the assignment of
authority of representation (sole, joint or perhaps together with [organ] holder of special statutory
authority [Prokurist]) unless such appointments and assignments have already been set out in the
company’s articles of association. Here, the general shareholders’ meeting’s power to revoke
Managing Director appointments can be limited in the articles of association so that the meeting
may only exercise the power on important grounds. The relevant minutes can either be drawn up
privately or be certified by a notary. The managing directors (at least one) need not be shareholders
in the GmbH.

5 5. Bank confirmation
Payment of the equity capital (the minimum equity capital is EUR 35,000, or EUR 10,000 if making
use of the founding privilege, at least half of which must be paid in cash) into the business account
which is freely available to the management board.

88 3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS www.gruenderservice.at


6
6. Entry in the Company Register/application for registration
The following documentation is required in addition to the certified Company Register entry (the
application itself must also be certified):
 articles of association in the form of a notarial deed
 certified shareholder resolution on the appointment of the managing director (certified by a
notary or district court)
 bank confirmation
 specimen signature of the managing director (certified by a notary or district court)

7. Trade registration 7
Registering a trade online: Contact the Start-Up Service or the local or regional office of your
Austrian Federal Economic Chamber in connection with the possible online registration of a
trade.

You must include the following documentation with your trade registration:
 passports for all persons with significant influence (e.g. shareholders with majority holdings,
shareholders with minority holdings but with special co-determining rights or other special
company management authorisations, etc.)
 excerpt from the Company Register
 police clearance certificate from the country of origin (in a certified translation) for the mana-
ging director under trade law and for all shareholders with significant influence on manage-
ment, if they are not resident in Austria or have been resident in Austria for less than five years
 a declaration that there are no grounds for any of the persons with significant influence to be
excluded from practising this trade (i.e. managing directors, shareholders with majority hol-
dings, shareholders with minority holdings but with special co-executive rights or company-
managing authority, etc.)

Managing directors authorised under trade law must also submit:


 passport
 confirmation from social insurance (GKK) that the managing director under trade law is regi-
stered as an employee for at least 20 hours per week (not necessary if the managing director
under trade law is also the managing director under commercial law)
 proof of qualification (e.g. master's or qualification examination certificate, school or work
certificates) or established individual qualification (except for free trades)
 declaration by the managing director under trade law that they work for the company (form).
The managing director under trade law, the managing director(s) under commercial law and
the majority shareholders must not be disqualified from practising the trade as defined in Art.
13 of the Trade Regulations Act (GewO).
When you register your trade you become a member of the Austrian Federal Economic Chamber and
must pay contributions accordingly. You can obtain further information from the Austrian Federal
Economic Chamber in your federal province.

www.gruenderservice.at  3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS 89


8
8. Regional Health Insurance Company (GKK)
You must register employees with the competent GKK (Gebietskrankenkasse) prior to hiring them
(commencement of work). If you employ a managing director under trade law, you must register
him at the GKK before registering your trade (effectiveness as of the trade registration is an option),
since you must submit a confirmation from the GKK on the employment relationship to the trade
authority.

9
9. Trade social insurance
Unless the company-managing shareholders are already covered under ASGV insurance (which is
considerably more expensive than GSVG insurance), they are to be registered with the Austrian
Social Insurance Authority for Business within the first month of their activity. The registration for
the social insurance commission may also be submitted electronically together with registering
your trade with the district administrative authority, which will then forward it to the social in-
surance commission.

10
10. Revenue Office
Report your trade activity to the Revenue Office and apply for a tax ID number for the shareholder(s)
and the company within the initial month of operation. The report for the Revenue Office may also
be submitted when registering your trade with the district administrative authority, which will then
forward it to the Revenue Office.

11
11. Community/City
But please note that you require a zoning certificate and a building permit (usage permit) for your
chosen business premises if the work is not usually done in homes/apartment buildings (e.g. trade,
crafts, and hospitality services).

Notify the community or city administration of employees you have hired (for municipal tax purposes).

90 3.5. OVERVIEW OF THE STEPS TO STARTING A BUSINESS www.gruenderservice.at


4
INTERESTING FACTS
| How do you hire employees?
| What does your accounting system look like?
| What type of accounting do you need?
| How do you start as an entrepreneur in a secondary occupation?
| What else do you need to know?

visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

www.gruenderservice.at  4. INTERESTING FACTS 91


| 4.1 EMPLOYEES look the relevant legal statutes and the provisi-
ons set out in collective bargaining agreements
The way in which work is performed can take va- when hiring employees. Labour law is such a
rious shapes. More information can be gathered complex matter than we can only go into the
from the leaflet on employment forms. Informa- most important aspects here.
tion on the employment of workers can be found
at wko.at under ‘Employing workers.’
4.1.2. The work relationship
With orders (service contracts), it must be ensu-
red that you do not have a true employment rela- The work contract
tionship/freelance relationship, and you must The essential components of a work contract in-
determine whether it is a commercial activity. If clude the employee’s personal performance of
yes, a trade licence is necessary. If no, you are a work, a clause binding him to the firm’s business
new independent. More information can be hours, the required place of work and a clause
gathered from the leaflet on new independents. binding the employee to certain instructions.
Establish at the outset whether the position is
Employment law and social security matters one of a labourer or a salaried employee.
must be clarified in advance.
 S
 alaried employee: commercial business
work, other executive duties or office work
4.1.1. How to find employees  Labourer: manual work or skilled labour

There are many ways of recruiting employees. According to the law, you are permitted simply to
Important: prepare a profile of the vacancy you issue a work card (Dienstzettel) which is not si-
wish to fill, tailored to the specific area of work gned, although it is advisable to conclude an em-
concerned. Then you can seek your employees ployment in the case of labourers and salaried
by advertising in newspapers, via employees, in which the terms negotiated are
the AMS, personnel consultants, employment set down for evidentiary purposes in writing.
agencies and contacts with educational institu-
tes (polytechnical and vocational schools, etc.). IMPORTANT: There is no official fee payable
But please note that Employers and private em- for issuing employment contracts and work
ployment agencies are obliged to indicate the cards. You can obtain draft (sample) contracts
minimum salary according to the collective bar- from your Austrian Federal Economic Cham-
gaining agreement and (if applicable) their wil- ber.
lingness to effect excess payment in their job-
vacancy advertisements. The salary that is to Optional Arrangements
serve as a minimum basis for work contract ne- Apart from a contract’s standard content (name,
gotiations (basis for negotiation) is to be indica- type and place of work, remuneration, working
ted if no collective bargaining agreement is ap- hours, leave entitlement), a number of other ar-
plied. Furthermore, the advert must be gender rangements may be included in an employment
neutral. An applicant’s attitude and outlook are contract, including
just as important as their professional skills and
qualifications. If the interview goes well, a work  T
 rial period: If the collective bargaining
contract can be concluded. You must not over- agreement does not stipulate one, you may
arrange a trial period lasting up to one month
(not corresponding to a calendar month).

92 4.1 EMPLOYEES  www.gruenderservice.at


 T
 ime limit: After a period of time stipulated at IMPORTANT: We recommend that you consult
the outset of the work relationship has an employment law expert if you wish to use
elapsed, the employment relationship ceases one of these contractual forms, since the bor-
or is renewed for an indefinite period of time. derlines between them and an actual work
Note: Sequencing a number of time-limited contract are often difficult to distinguish.
work relationships effectuates an impermis-
sible chain contract.
4.1.3. Collective bargaining agreement
 O
 vertime obligation: You may negotiate a
duty to perform extra work and/or to work There is a collective bargaining agreement for
overtime with both full-time and part-time every branch of business, concluded between
employees. the collective agreement partners (Austrian
Federal Economic Chamber, trade unions). Coll-
 T
 ermination clause: Provided that the collec- ective bargaining agreements regulate a multi-
tive bargaining agreement in your business tude of items in supplement to the applicable
branch permits it, you may negotiate that the legal statutes, among them:
employer may give notice of termination on  M inimum wages and salaries
the 15th or the last day of a month.  W orking time and allocation of working hours
– calculating hours and flexibilisation
 C
 ompetition clause: Subject to certain provi-  R easons for leave of absence
sions, you may negotiate that if an employee  N otice periods and dates etc.
resigns, they may not work for a competing
company for one year thereafter. Collective bargaining agreements ensure that
the same working conditions apply to all employ-
OUR TIP: We recommend that you ees within a branch of business or industry. Work
consult a labour-law expert prior to contracts may not contain provisions less advan-
tageous than those set out in a collective bargai-
negotiating such a clause.
ning agreement. On the other hand, collective
bargaining agreements also provide for the
same conditions for all competitors within a
Other Types of Contracts branch of business or industry.
There are other forms of contract apart from a
work contract which are not subject to labour
law; however, they can only be applied in excep- 4.1.4. Employee social insurance
tional cases. Under a freelance contract for
services, an independent agrees to perform Employers must report a new employee to the
work but is not bound to business hours and regional social insurance company (Gebiets-
instructions and is therefore not personally krankenkasse, GKK) prior to their commence-
dependent. A contract for work and services ment of work.
binds a commercially independent contractor for
works and services to perform a task in the form
of a finite project.

www.gruenderservice.at  4.1 EMPLOYEES 93


Social insurance contributions are divided into 1.53% of the remuneration as employee provi-
employer and employee portions, based on the sion contributions to the regional health in-
employee’s gross remuneration. Expense allo- surance company.
wances such as per diems or mileage allo-
wances are exempt from social insurance up to For more information, please visit:
certain limits. In 2019, the monthly maximum wko.at/abfertigungneu
contribution basis is EUR 5,220. and www.mitarbeitervorsorgekassen.at.

Marginal employment is an employment relati- Other incidental wage costs include 3% muni-
onship in which the marginal earnings thres- cipal tax, paid to the community (or to the City
holds relating to statutory social insurance are Treasury in Vienna) and the contribution to the
not exceeded. The monthly salary that is agreed Family Burden Equalisation Fund (employer
and paid must not exceed EUR 446.81 (gross) contribution and employer surcharge), trans-
per month (2019). ferred to the Revenue Office competent for your
business location.
Under employment law, marginal employment
is regarded as a form of part-time employment. IMPORTANT: Payroll accounting is a job
Part-time employees are therefore also en- requiring special skills training. If you have
titled to the contractual minimum wage and not had this training, you can either employ a
bonus payments, as laid down in the collective suitably qualified person or outsource your
agreement, sick-pay, paid-leave for other rea- payroll accounting to an external payroll ac-
sons preventing the employees from working, countant, accountant or tax adviser.
care-leave, holidays and old severance, or the
corporate staff provision (new severance) for
employees that entered service after 1 January 4.1.5. Worker protection
2003.
Technical worker protection
The employer must pay an accident insurance As the employer, you are responsible for ensu-
contribution of 1.2% of the general contribution ring the health and safety of your employees
basis for all employees in marginal employ- while they are working (technical worker protec-
ment, and an employer's levy of 16.4% (in total) tion). The Labour Inspection Board, a state body
of the contribution basis if the employer has with authority of access, monitors compliance
more than one employee in marginal employ- with the technical safety regulations. Thus you
ment and the monthly wage bill (without special must check your business premises for possible
bonuses) of all the employees in marginal em- hazards and have them eliminated. This proce-
ployment is more than 1.5 times the marginal dure is called “evaluation,” and a record docu-
earnings threshold for 2019: EUR 446.81 x 1.5 = ment is kept of safety and health protection
EUR 670.22. Together with the accident in- measures. The law also stipulates that all em-
surance contribution, the total contribution rate ployees be cared for in terms of industrial medi-
is 17.6%. cine and safety technology. Firms employing up
to 50 persons may avail themselves of the ser-
As the employer, you must choose an employee vices of the Austrian Workers' Compensation
provision fund (Mitarbeitervorsorgekasse – Board [Allgemeine Unfallversicherungsanstalt
MVK) – at your bank, for example – for all the – AUVA] at no charge. (Apply to the provincial
employees you have newly hired. As of the be- AUVA office in your area at www.auva.at).
ginning of the second month, you must pay

94 4.1 EMPLOYEES  www.gruenderservice.at


Work assignment limitations 4.1.7. Dissolving work relationships
As an employer, you must ensure that working-
time regulations are not exceeded and that em- Types of dissolution: Employment relationships
ployees are guaranteed breaks, rest at week- are continuing obligations, existing until they are
ends etc. Certain specially protected persons, terminated by the employer, the employee or by
such as pregnant women and juveniles, may not mutual accord. With most types of dissolution,
perform any heavy or hazardous work and must the so-called dissolution fee of EUR 131 must be
not be required to work at certain specified paid by the employer. The labour-law experts of
times. The Labour Inspection Board also closely the Austrian Federal Economic Chamber will
monitors compliance with these regulations. clarify to you whether a dissolution fee is to be
paid or not.

4.1.6. Employing foreigners The most important types of dissolution are:


 D
 issolution during trial period
Third-country citizens (max. one month)
Workers who are not Austrian citizens or natio-  E
 nd of a time-limited employment
nals of an EEA state (or Switzerland) are known relationship
as third-country citizens. They are not permitted  T
 ermination of employment contract by
to work in Austria without authorisation based employer or employee
on the Employment of Aliens Act (Ausländerbe-  S
 ummary dismissal – if there are grounds
schäftigungsgesetz). The Public Employment for dismissal
Service (AMS) issues the authorisations.  Authorised
 early withdrawal by the
employee – if there is a reason for
The main types of employment for foreign withdrawal
nationals include:  M
 utually agreed termination
 Work permit
 Red-white-red card plus Especially as regards termination, employees
 Posting permit and employers alike must comply with the appli-
 Exemption certificate cable terms and deadlines. Those applicable to
 Seasonal workers as part of a salaried employees are set out in the Salaried
seasonal quota Employees Act [Angestelltengesetz], whereas
the collective bargaining agreement applicable
IMPORTANT: Consult an employment law ex- in the branch of business determines them for
pert if you are in any doubt on these matters. workers. Remember to take into account special
Infringement of the Employment of Aliens Act negotiation options for salaried employees.
can have severe consequences and entail
heavy fines. Special protected persons
There are specific groups of persons who are
legally protected from dismissal by the employer
EU expansion during certain times, however there is nothing
Citizens of the EU-member states, with the preventing the work relationship from being
exception of Croatian nationals, have been freely dissolved by mutual accord (special form regu-
employable in Austria. The transitional provisi- lations apply).
ons are applicable to them until 30 June 2020 at
the latest.

www.gruenderservice.at  4.1 EMPLOYEES 95


These groups primarily include: | 4.2 ACCOUNTING AND
 Pregnant employees BOOKKEEPING
 Pregnancy up until four weeks after the end
of an employee's maternity leave; if an 4.2.1 Accounting
employee is working part-time as part of
their parental entitlement, they are protec- The term ‘business accounting’ covers all pro-
ted against dismissal for a maximum of four cedures that involve compiling and monitoring
weeks after the child's fourth birthday (after a firm’s entire business activity in figures.
that, motive protection applies), These records are kept to protect creditors, as-
 Persons performing their military or civil sess taxes and to plan and control the business.
service, from the date on which they are Here, a distinction is made between compul-
summoned until one month after the service sory records, which must be kept, and voluntary
has ended, records, which can be kept.
 Persons who have served on works councils,
for up to three months after their term of 4.2.1.1. Obligation to keep records
office has ended, As a business owner, it is your responsibility to
 Disabled persons with at least 50% disability collect receipts, maintain records and to keep
under certain conditions from the date on them for at least seven years. The term may
which they are given supported disabled extend to 22 years for receipts concerning real
person status by the Ministry of Social estate and buildings. The Corporate Code
Affairs and (Unternehmensgesetzbuch – UGB) contains the
 Apprentices – an apprenticeship is a time- regulations on business accounting. Other regu-
limited and therefore non-terminable lations on mandatory records are set out in the
training relationship; only a premature Federal Fees Act (Bundesabgabenordnung –
dissolution for specific reasons or an extra- BAO) and the Income Tax Act (Einkommensteu-
ordinary dissolution are possible. ergesetz - EStG). We recommend that new foun-
ders avail themselves of the advice of a tax ex-
IMPORTANT: Contact an employment law pert (accountant, tax consultant, etc.) in this
expert at the Austrian Federal Economic area.
Chamber in matters concerning dissolving
an employment relationship with an IMPORTANT: Consider in advance which
especially protected employee. tasks you can carry out yourself in order to
reduce fixed costs (collecting receipts, basic
records, etc.) and which ones your tax expert
should handle for you (your annual financial
statement, for example). There are many
ways in which you can optimise your book-
keeping processes (electronic invoices, par-
king of invoices, etc.) which will save you time
and money.

96 4.2 ACCOUNTING AND BOOKKEEPING  www.gruenderservice.at


Obligation to use a cash register and issue  Sales
 in mountain lodges, refuges and ski
receipts, as of 1 January 2016 lodges up to EUR 30,000 (net) per calendar
The tax reforms of 2015 included an obligation to year
use an electronic cash register, cash system or  Vending
 machines and service machines up
another system enabling the electronic recor- to an individual sale value of EUR 20
ding of transactions, as a means of determining  Online shop (no payment made in
daily cash receipts. This obligation applies to all cash paid directly to the service recipient)
entrepreneurs (operating income) whose yearly
turnover exceeds EUR 15,000 and where the va- Companies for which the relaxation is to be ap-
lue of cash transactions exceeds EUR 7,500. plied can determine their daily cash receipts in a
Both limits refer to net amounts excluding VAT. simplified manner by cashing up. This refers to
Once both of these limits have been exceeded, the recalculation of the day's sales from initial
business owners will be obliged to acquire a and final cash holdings, taking into account all
cash register. cash outlays as well as private drawings and pri-
vate deposits. The amounts listed must be writ-
PLEASE NOTE: Cash payments also include ten down each day and the calculations must be
payments using bank cards or credit cards, clear and comprehensible.
cheques or other vouchers, coupons or gift
tokens. From 1 April 2017, all cash registers Support
must be equipped with a technical security There is financial support available, worth EUR
device to protect against manipulation and 200, to cover costs incurred by the introduction
must produce transaction slips with a digital of the cash register obligation (e.g. for the acqui-
signature. At the same time as the obligation sition or adaptation of cash register systems).
to use cash registers, an obligation to issue You can apply for this premium from the Revenue
transaction slips was also introduced. Each Office on your tax return (E 108c), when you sub-
business owner required to have a cash regi- mit your VAT and income tax return.
ster is obliged to issue a transaction slip to the
customer and the customer is obliged to ac- PLEASE NOTE: If you use a till that calculates
cept this and at the very least, to keep hold of electronically, you must also be able to pre-
it, at least until he/she has left the retail pre- sent this data electronically. In the till guideli-
mises. nes, the Ministry of Finance has issued crite-
ria for the orderliness of the cash systems
There are certain important exceptions to this used. The main focus here is the subsequent
basic rule (turnover > EUR 15,000 and cash unchangeability.
transactions > EUR 7,500), listed below:

 Turnover generated outdoors: Turnover of up
to EUR 30,000 per year earned house-to-
Our TIP: As of 1 April 2017, the cash
house or on public streets and in public register must be fitted with a technical
places, but not in association with fixed enclo- security device. More information is
sing structures (such as sweet chestnut roa- available at
sters, market traders, Christmas tree sellers https://registrierkassenpflicht.
etc.) wkoratgeber.at/

www.gruenderservice.at  4.2 ACCOUNTING AND BOOKKEEPING 97


Not only operational takings, but also all opera- Simplification in the event of consolidation into
ting expenses must be recorded. All expenses a lump sum:
incurred for the purposes of generating revenue  T he receipts for all goods received are divided
are generally deductible as operating expenses. up according to their sector-specific generic
These definitely include: expenditure on goods descriptions, put into chronological order and
and third-party services; expenditure on staff issued with consecutive numbers.
and incidental costs; rent, investments, tele-  E ach year, the receipts for the financial year
phone bills, travel expenses, motor vehicle just ended are grouped together by type, ad-
costs, interest, mandatory insurance contributi- ded up and entered into the purchase journal.
ons by the entrepreneur etc. In order for these  T he totals (adding machine printouts) and the
operating expenses to be deductible, you must calculation basis must be retained.
be able to present a receipt showing how much  P ossible groups of goods: cuisine, bread and
was paid to whom, when, and for what service or baked goods, ice cream, hot drinks, beer,
delivery. For more detailed information about wine, spirits, non-alcoholic drinks, tobacco
invoices, please see the chapter entitled Turno- products, auxiliary materials, other goods
ver Tax. purchases

PLEASE NOTE: When drawing up your in- Cash book


voices, use an invoicing program (software If an entrepreneur maintains a cash book, it
that enables you to write out invoices, draw up must be updated every day. Cash receipts must
cost quotations and manage jobs). That way, be entered cumulatively on a day-to-day basis.
the data can be extracted and made available All slips must be numbered and stored in that
to the tax authorities in the form of print files. form. That numbering should also be referred to
The same also applies to programs used to in the cash book. If cash is managed correctly,
manage warehouses, products and hours the daily balance can never and must never pro-
worked. duce a loss. Should an entrepreneur carry out a
private drawing, it is to be recorded with a receipt
In addition to these general requirements, the for the till and is also to be recorded in the cash
following items must also be recorded: book as an outlay. If the entrepreneur makes a
cash in-payment, this is also to be recorded. If
you are obliged to keep accounts for your busi-
The purchase journal must include ness, you must also keep a cash book. In all
the following information: other cases, there is no obligation to do so.
 Date of receipt of the goods or
 Date of invoice Bookkeeping obligation
 Name (company) and address of the supplier In principle, there are three variants of profit
 Description (a sector-specific generic determination (and associated recording obliga-
description is sufficient) tions):
 Price  t he lump-sum consolidation,
 t he income and expenditure account and
A purchase journal need only be kept if you de-  d ouble-entry accounting.
termine your profit in the form of an income
expenditure account.

98 4.2 ACCOUNTING AND BOOKKEEPING www.gruenderservice.at


Which type of income determination you should Operational income that is to be recognised
use depends on the legal form you have chosen, alongside these sales does not impact on the
the type of income and the level of turnover. The calculation basis. Write-offs, residual book va-
individual types of income determination are ex- lues of fixed assets disposed of, the cost of exter-
plained in detail below. nal funds, rents and leases, post and telephone,
company materials, energy and water, adverti-
Consolidation into a lump sum sing, legal and consulting costs, commissions,
The simplest form of income determination is office expenditure, premiums to company in-
basic consolidation into a lump sum. The re- surance, company taxes, maintenance, vehicle
quirement for basic consolidation into a lump costs, travel costs, tips, etc. in particular are co-
sum is income from independent work or busi- vered by the operational expenses lump sum.
ness from an activity actively pursued in the as-
sessment year, but not pension payments or
subsequent income from a former active activity. Income
There is no obligation to keep records but re- Goods purchase
cords are kept voluntarily. Basic consolidation less personnel expenses
into a lump sum can be used for every legal form, less contributions to trade social
even for corporations that are not obligated to Social insurance
keep records. Furthermore, the tax return must less 12% operating expenses lump sum
make clear that the method of consolidation into (but no more than EUR 26,400) or
a lump sum is being used. Basic consolidation 6% operating expenses for certain activities
into a lump sum can be used if there is no obliga- (but no more than EUR 13,200)
tion to keep records and the turnover of the busi- = profit
ness in the preceding financial year did not ex-
ceed the threshold of EUR 220,000. The lump- Cash-basis accounting
sum consolidation offers several options for Cash-basis accounting is a simplified system of
calculating operating expenses, advertising profit determination and can be used up to a
costs and input taxes as a lump sum. A distinc- yearly turnover of EUR 700,000. Due to its ease
tion is drawn between basic lump-sum consoli- of use, cash-basis accounting is recommended
dation and industry lump-sum consolidation for smaller-scale trade professionals who do not
(e.g. lump-sum consolidation for catering and exceed the bookkeeping limits (and do not volun-
accommodation businesses, chemists, com- tarily keep records either). The income and ex-
mercial agents, athletes, freelancers and agri- penditure which has been received or paid out
culture and forestry lump-sum consolidation). during the calendar year, either in cash or by
means of non-cash transactions (via a bank ac-
The operating expenses lump sum amounts to count), must be recorded individually, in ascen-
6%, but no more than EUR 13,200 for freelance ding chronological order. In cash-basis accoun-
or commercial income from technical or com- ting, you may record income and expenditure you
mercial consulting, particularly pure consul- have actually earned or paid out in the calendar
tancy work. The operating expenses lump sum year. Outstanding payments should not be inclu-
of 12%, but no more than EUR 26,400, should be ded. A company’s profit or loss is determined at
applied to all other self-employed and commer- the end of a year as the difference between the
cial income. total of all operating income and the sum of all
operating outlays.

www.gruenderservice.at  4.2 ACCOUNTING AND BOOKKEEPING 99


As well as recording income and expenditure, Corporations and partnerships without a natural
you should keep a purchase journal, a storage person as a shareholder with unlimited liability
directory for purchases that cannot be sold im- (GmbH & Co KG). For corporations (GmbH, AG)
mediately (limit EUR 400 per asset) and payroll and GmbH & Co KGs, the obligation to maintain
accounts if you employ staff. books applies without taking sales or the activity
into account.

Income Double-entry accounting involves drawing up a
less expenses balance sheet and a profit and loss account, a
less depreciation cash book, a register of assets, payroll accounts
= Profit and an inventory. These records are not merely
useful for your own purposes and/or mandatory;
they contain a wealth of information which you
Our TIP: The Austrian Federal can apply in a multitude of ways in running and
Economic Chambers have produced developing your business. These contain a con-
their own information booklet all about siderably larger amount of information than an
income and expenditure account.
"Cash-basis accounting". Enquire at
your Start-Up Service office!

Obligation to maintain books/


double-entry bookkeeping
The obligation to maintain books (accounting)
may apply to a business owner for two reasons:

Exceeding the turnover threshold in accordance
with the Austrian Commercial Code (UGB) in
combination with income from commercial acti-
vities. If you, as an entrepreneur, exceed the
threshold of EUR 700,000 annual turnover two
years running, then you will be subject to the ob-
ligation to maintain books as of the next year but
one. If your annual turnover is over EUR
1,000,000, you will be subject to the obligation to
maintain books as of the following year. The figu-
res are based on operations and apply to all en-
trepreneurs except freelancers, farmers and
lumberjacks. If turnover falls short of the annual
threshold of EUR 700,000 two years in a row,
then obligation to maintain books will cease to
apply as of the following year. Recording in the
Company Register is not a criterion for obliga-
tory bookkeeping. Therefore, partnerships may
determine their profit either using cash-basis
accounting or via double-entry bookkeeping.

100 4.2 ACCOUNTING AND BOOKKEEPING www.gruenderservice.at


Folgende Abbildung gibt Ihnen einen guten Überblick über die Buchführungspflicht:

Corporate Code – Bookkeeping obligation

Limit Bookkeeping
Turnover less then EUR 220,000 It is possible to use consolidation into a lump sum. Alternatively,
an income and expenditure account or double-entry accounting
can be voluntarily used.
Turnover less than EUR 700,000 An income and expenditure account must be drawn up.
Alternatively, double-entry accounting can be voluntarily used.
Turnover greater than EUR 700,000 Double-entry accounting must be used.
(for two years running)
For corporations (GmbH & AG) Double-entry accounting must be used.
and partnerships without a natural
person as a shareholder with
unlimited liability (GmbH & Co KG)

4.2.2.2. Voluntary records Cost accounting


In order to consider about topics such as cost the first step in establishing prices on the one
accounting and calculations, entrepreneurs hand and, on the other, an absolute prerequisite
must know and plan their own costs in advance. for running a business responsibly. The idea of
An example of a very efficient method of prepa- the cost accounting is to determine the value of
ring for entrepreneurial life and the associated creating a product / service internally (e.g. the
entrepreneur's salary is the Minimum Sales cost of one work-hour), for which the customer
Calculator. will be billed. You can’t calculate and invoice
costs if you don’t know what they are. –and if you
Every retail or production company should do not know the price limits, then you cannot
think about the additional expense for material, form a viable pricing policy either. Therefore, you
merchandise and third-party services in ad- must determine the cost structure and monitor
vance, so as to make efficient use of the mini- price developments in order to calculate your
mum sales calculation. costs correctly.

The result of this calculation is the basis for esta-


blishing your selling prices. However, since mar-
Our TIP: As preparation for the
ket prices are not usually determined according
entrepreneurial calculation, try the
to costs, you as an entrepreneur are obliged to
Minimum Sales Calculator for new
keep a constant watch on your firm’s cost deve-
entrepreneurs.
lopments and to do whatever you can to keep
https:// www.gruenderservice.at/ costs down. Financial accounting figures
mindestumsatzberechnung (accounting on a cash basis or double-entry

www.gruenderservice.at  4.2 ACCOUNTING AND BOOKKEEPING 101


bookkeeping) alone are not always enough. Of- 4.2.2. Bookkeeping
ten, they are derived merely in terms of taxation
aspects, and the expenses shown on the books The information presented in the previous
of the financial accounting can be very different chapters has shown that it is necessary to
from the actual costs involved. maintain a whole series of records and that the
administration costs incurred can therefore be
Above all, cost accounting helps: considerable. Through effective organisation,
 Determine cost prices as the basis of your however, especially when it comes to compiling
market price the accounts, many tasks can be simplified,
 Calculate the cost-effectiveness of individual thereby reducing the effort required to create
business goals, individual product groups or the necessary records.
individual products as a basis for production
and sales planning TIP - Income expenditure calculator
 Determine lower price limits at which  Open a separate bank account for your
 orders will be taken on (company pricing business and keep private and business
policy) expenditure separate.
 Determine surcharge rates for balance  If at all possible, make sure that all of
sheet assessments of semi-finished and your business payments are conducted
prefab products, including self- via that account.
manufactured equipment  Pay cash amounts using your bank card.
 Self-production or external procurement.  By downloading a list of your account
transactions, you will simply need to add
For example, your operational cost accounting to the information from the file required
must be able to show you whether it is more eco- for your accounting records or hand them
nomical to operate your own repair department to your bookkeeper or accountant for
or to engage another firm to do this work. further processing.
 As the data required are largely already
present, it will not be necessary to re-
Our TIP: In the leaflet ‘The entrepre- enter them manually. Not only will this
neur and his tax consultant’ (Der Unter- save time and reduce any possible key-
nehmer und sein steuerlicher Berater), ing-in errors, but it will also save costs.
you will find information on the scope of
the role of the individual occupational
groups of tax consultant, certified By using interfaces, you can utilise data that is
management accountant, accountant already available data for book-keeping pur­
and payroll accountant (wko.at). poses. Nowadays, almost all data is available
electronically and in addition to paper-based in-
voices, many companies, such as purchasing
associations and wholesalers in food products,
also offer datasets that will considerably sim-
plify accounting processes.

102 4.2 ACCOUNTING AND BOOKKEEPING www.gruenderservice.at


You can also reduce the amount of purchasing Under certain conditions, sole proprietors may
paperwork by switching to weekly or monthly be exempted from industrial health and pension
invoices from your suppliers. All of these measu- insurance and the contributions to the provision
res will help you to reduce the cost of your ac- for self-employed persons within the scope of
counting processes, reduce the amount of admi- the small business operators’ scheme. This
nistration that is required and will therefore save does not apply to partners of a partnership or a
you time and money. company constituted under civil law, nor to ma-
naging partners of a corporation.

As a business operator, you may apply for ex-


| 4.3 E NTREPRENEUR emption to compulsory insurance within the
AS A SECONDARY scope of the small business operators’ scheme
OCCUPATION if your turnover and profit are below the limits
shown below and if you have not been insured
You will need to consider several important under GSVG for more than twelve calendar
factors if you are thinking of taking up a self- months in the last five years.
employed business activity as a secondary oc-
cupation:
TURNOVER PER YEAR 
Labour law LESS THAN EUR 30,000
You must inform your employer of your intention AND
to take up a self-employed business activity and PROFIT PER YEAR 
he must consent to your doing so. Otherwise, in- LESS THAN EUR 5,361.72
itiating such an activity without his consent can
constitute grounds for your dismissal.
Any persons may also apply for exemption
Social insurance  who have reached the age of 60 and do not
(multiple insurance-plan coverage) meet the limits above,
Employees are insured under the General Social  who have reached the age of 57 and have not
Insurance Act (ASVG) plan, independents are co- exceeded the above limits during the last five
vered under the Social Insurance Act for Trade calendar years before application. Please
and Industry (GSVG) and farmers’ compulsory note that as a result of an exemption from
insurance comes under the Farmers’ Social compulsory insurance (under GSVG), you will
Insurance Act (BSVG). not acquire any periods of reckonable service
for pension purposes, which may affect when
PLEASE NOTE: The regulations below apply to you become entitled to draw a pension. There
persons insured under the ASVG only; other is also no health insurance protection as a re-
regulations apply to other occupational sult of exemption from health insurance.
groups (e.g. civil servants, farmers, frontier
commuters, etc.). The exemption from compulsory insurance does
not extend to accident insurance. This must al-
If you are simultaneously a non-independent and ways be paid.
active in a trade or as a farmer, you come under
several compulsory insurance laws. You must
therefore pay multiple contributions, generally
in the sequence ASVG, GSVG and BSVG. Howe-
ver, contributions can never be higher than the
maximum contribution basis.

www.gruenderservice.at  4.3 ENTREPRENEUR AS A SECONDARY OCCUPATION 103


Health insurance Income tax
(with multiple insurance-plan coverage) All sources of income are combined to assess
You must pay the full ASVG health insurance income tax, applying the relevant tax rate (per-
contributions on the non-independent income. centage). Therefore, take into account that your
You pay the contribution rate of 7.65% from com- income as a non-independent worker already
mercial trade activity. places you in a specific tax bracket. Every addi-
tional euro you earn is taxed at this rate and/or at
Pension insurance an even higher percentage if you should attain
(with multiple insurance-plan coverage) the tax bracket above the one you are presently
As an employed person, you pay the full ASVG in.
pension insurance contributions from ASVG in-
come and the normal rate of 18.5% GSVG pen- Subsidies
sion insurance from trade income. Certain subsidies (e.g. the AWS subsidy for new
entrepreneurs) are not issued for part-time
Maximum contribution basis businesses. Keep this in mind when planning
You only have to pay ASVG and GSVG contributi- your investments and find out well in advance
ons to health and pension insurance up to a joint about the directives applicable to you from the
maximum contribution basis (i.e. up to a maxi- Business Start-up Service of your federal pro-
mum of EUR 73,080.00 per year). vince or from your bank.

IMPORTANT: This only applies, however, if you Earning limits


file an ‘application for difference assessment’
at the Social Insurance Authority for Business  Self-employment and family allowances:
(SVA). Otherwise, contributions to business The additional income threshold for self-
pension and health insurance will also be de- employed persons who are entitled to family al-
ducted from income which exceeds the maxi- lowances (e.g. students, pupils) is EUR 10,000
mum contribution basis. A refund of these per calendar year, although an ‘annual calcula-
contributions is obtainable upon application. tion is carried out. If your taxable income ex-
ceeds the additional income threshold during
Minimum contribution basis the calendar year, the amount by which the
(with multiple insurance-plan coverage) threshold was exceeded must be paid back. For
The GSVG provisions on minimum contribution further information, please go online and visit
bases do not apply if you have income from non- www.help.gv.at
independent work (ASVG) and independent work
(GSVG) (insurance protection already exists  Self-employment and grants: As a student,
through the ASVG insurance). Therefore, if the you can earn an additional income of up to EUR
ASVG income reaches the GSVG minimum con- 10,000 per year from self-employed or mixed ac-
tribution basis, GSVG contributions are only as- tivities without your grant being reduced. There
sessed for business profits actually attained. No is no difference between income earned during
contributions are paid if you have achieved a de- the university term and during holidays. For
ficit. more information, please go online and visit
www.stipendium.at.
Note: These regulations apply to persons insu-
red under the ASVG only; other regulations apply  Self-employment and childcare allowances:
to other occupational groups (e.g. civil servants, Every parent receiving a childcare allowance
farmers, frontier commuters, etc.). may earn additional income each year, whereby

104 4.3 ENTREPRENEUR AS A SECONDARY OCCUPATION www.gruenderservice.at


the other parent’s income is not taken into Founding a business while drawing unemploy-
account. With lump-sum childcare allowance ment benefits: There is only one very restricted
models (child benefit account, as of 1 March option for earning additional money while you
2017) the additional income threshold must not are drawing unemployment benefits from the
exceed the threshold amount of EUR 16,200 per AMS:
year or the (higher) threshold amount of 60% of
final income. For income-dependent childcare  t o class as unemployed, you must have left
allowances, an additional income threshold of employment (either as an employee or self-
EUR 6,800 per year applies (since 1 January employed person) and you must have stopped
2017). All income from non-independent work, paying compulsory pension insurance contri-
farming and forestry, independent work and butions. According to the present view of the
trade operation are applied against the income AMS, unemployment insurance benefits can
limit. For more information, please visit: only be drawn in the case of an exemption
www.unternehmerin.at and from GSVG compulsory insurance, despite a
http://kinderbetreuungsgeld.wkoratgeber.at/ valid trade licence. The small-enterprise re-
Childcare allowance calculator: https://www. gulation in particular (in which no contributi-
frauen-familien-jugend.bka.gv.at/dam/bmfj/ ons are paid for health and pension insurance)
KBG-Rechner/index.html#willkommen constitutes such an exception.

 Self-employment and pension: There are  If you start engaging in any self-employed ac-
many arrangements involved in the pension sy- tivity, you must report this to the AMS.
stem. If you are drawing a premature old-age
pension, you may not practise any gainful activity  Y
 our monthly income (profit) must not exceed
that is subject to compulsory social insurance EUR 446.81 (monthly marginal earnings
and you may only earn up to the marginal ear- threshold).
nings threshold, otherwise you lose your entitle-
ment to the pension. (Important: special regula-  Y
 our monthly turnover must not exceed EUR
tions for entrepreneur pensions). The same 4,025 (11.1% of the turnover must lie below
thing applies in the case of the corridor pension. the marginal earnings threshold).

Apart from the old-age pension, there are no re- You must also be available to the labour market
strictions to your options to earn additional in- for as long as you are drawing unemployment
come. If an old-age pensioner (age 60 for wo- benefits, and you must accept any job offered to
men, 65 for men) earns a sum that is higher than you which corresponds to your level of qualifica-
the marginal earnings threshold, he/she must tions, otherwise you risk losing your entitlement
pay social insurance contributions which may to unemployment benefits. Anyone who is on
entail a slight increase in pension benefits (as of their business premises from 9 in the morning
1 January 2004). Should a person receiving an until 6 in the evening, for instance, is ‘de facto’
invalidity or disability pension earn a sum over not available to the job market and therefore may
the ‘marginality limit,’ their pensions may be re- not draw unemployment benefits.
duced.
Once you have commenced self-employed acti-
vity, you must submit monthly records of profit
and sales; thereafter, the income and VAT as-
sessment notices are reviewed.

www.gruenderservice.at  4.3 ENTREPRENEUR AS A SECONDARY OCCUPATION 105


The table below provides an overview of the income thresholds.

Additional income thresholds


Thresholds Bases Consequences if exceeded
Self-employment and EUR 10,000 Taxable income Repayment equal to
family allowance annually without special payment the excess amount
Annual calculation
Self-employment EUR 10,000 Income including Repayment equal to
and grant annually special payments the excess amount
Self-employment and Up to EUR 16,200 Additional lump-sum Repayment equal to
childcare allowance or EUR 6,800 childcare allowance the excess amount
annually (child allowance account from
1 March 2017) or additional
income-dependent childcare
allowance
Self-employment
and pension
Early pension/ EUR 446.81 Additional income monthly Loss of pension
corridor pension monthly
Incapacity up to EUR 446.81 Additional income monthly Reduction according to
benefit (no reduction) deduction provision
Invalidity pension Earned income (30 to 50%)
Establishment of EUR 446.81 Additional income monthly, Loss of
business while claiming monthly rolling calculation unemployment benefit
unemployment benefit possible

The AMS business-founding plan


for the unemployed
The AMS continually offers assistance program- IMPORTANT: There are many ways to make
mes to help make the option of self-employment yourself independent. Having an independent
more attractive to recipients of unemployment job as a secondary occupation means that
benefits, e.g. by increasing the amount of unem- there are always income limits that you must
ployment benefit as an incentive. First of all, an comply with. There are many options available
unemployed person submits a business concept to become partially exempt from GSVG com-
which the AMS reviews for its chances of com- pulsory insurance coverage.
mercial success. A business-founding consulta-
tion meeting then follows. The AMS can also
provide financing for you to acquire further qua-
lifications.

106 4.3 ENTREPRENEUR AS A SECONDARY OCCUPATION www.gruenderservice.at


| 4.4 OTHER IMPORTANT More detailed information on insurance brokers
INFORMATION and insurance agents can be found on their web-
sites at
www.ihrversicherungsmakler.at and
4.4.1. Business insurance www.dieversicherungsagenten.at

Whether you are founding a new company or ta- 4.4.2. Patents and trademarks
king over an existing one, you face risks for which
you should be insured. An overview of these It often does not take long before successful
risks: business ideas are copied. It is therefore wise to
think about how you can protect your business
 Property insurance: This includes policies idea. You should also make sure you do not inf-
covering fire damage, burglary, damage due to ringe the proprietary rights of others. The most
storms and tap water, breakdowns of machin- important proprietary rights are as follows:
ery, electrical appliances and computers.
Trademarks
 Financial loss insurance: These policies cover A trademark is a company mark that distinguis-
losses of revenue and additional costs incur- hes the goods and services of different manufac-
red due to damage. For example: Policies co- turers/providers from one another (e.g. in the
vering business liability, legal protection and form of a logo, name, lettering style). It also
interruption of operations (due to fire, machi- enables the consumer to recognise who provides
nery damage, etc.). the goods or services. In commercial practice, it
serves as a means of making the company stand
 Personal insurance: Examples include life, out from others and as an indispensable marke-
health and accident policies. These insurance ting tool.
policies can be taken out from private compa-
nies apart from and/or in addition to the statu-
tory compulsory social insurance plans.
TIP: Consider carefully whether you
would like to have your mark protected
OUR TIP: For very small business, a
nationally, within the EU (“EU trade
long absence on the entrepreneur's
mark”) or internationally. Depending on
part caused by illness or an accident
what you decide, there are different
can quickly threaten the continued
registration routes which all incur
existence of the business. Since 2013,
different costs. Use the ”fast track”
subject to certain conditions, small
mark registration process.
businesses have been entitled to a
statutory support payment of approx.
EUR 30.00 per day from the 43rd day of Further information can be found at
being unable to work, for a maximum of https://www.patentamt.at/marken/marken-
20 weeks. As of July 2018, sickness service/marke-national/
benefit will be paid retroactively star-
ting from the 4th day in the event of an
illness lasting 43 days or more. More
information at: www.svagw.at. Be sure
to discuss optimising your coverage
options with your insurance agent.

www.gruenderservice.at  4.4 OTHER IMPORTANT INFORMATION 107


Patents Registered design (‘design protection’)
The patent is one of the most well-known pro- A design (registered design) protects the ap-
prietary rights. Once it is registered, a patent pearance of an industrial or technical object
protects a technical invention for a certain period (product) or a part thereof. A requirement of de-
of time. Patents are used to protect inventions sign protection is the novelty of the design. Spe-
which cifically, the appearance (design) of products is
 are new and industrially applicable and protected. The protected features are the outli-
 which solve a particular technical problem nes, colours, layout, surface structure, materials
(level of inventiveness). or decoration of the product (design protection).
A design may only be protected if it is new, pos-
Patent protection begins upon registration in the sesses individual character and is not dictated by
patent register and ends after no more than 20 the technical function of the product.
years, if the annual renewal fees are paid on
time. Further information can be found at
https://www.patentamt.at/designs/designs-
For further information, please visit: service/design-national/
https://www.patentamt.at/patente/patente-
service/patent-national Copyright-protected works
A work is understood by the legislator to be a
Utility model ‘unique intellectual creation,’ particularly in the
Utility models may be used to protect new inven- field of literature, including IT programs, visual
tions that are capable of industrial application art (graphics, etc.) and music and cinema. Works
but do not exhibit the level of inventiveness must accordingly be individual and original and
required under patent law. An inventive step is distinctive from conventional (traditional) works.
sufficient. Copyright exists upon the creation of the work.
The copyright duration is 70 years after the
Protection as a utility model begins on the day of author’s death.
official publication of the utility model in the
Utility Model Gazette [Gebrauchsmusterblatt]. It In Austria, there is no register in which someone
ends after no more than ten years, subject to ti- can be listed or that can be viewed in order to
mely payment of the annual renewal fees. establish whether or not a work is subject to co-
pyright. In principle, it must be assumed that
For further information, please visit: works (e.g. photographs, videos and texts) are
https://www.patentamt.at/patente/ protected under copyright law!
patente-service/gebrauchsmuster/

TIP: As the formulation of a patent or TIP: Do not use third-party works


utility model application requires prior (images, text, music, videos, etc.) on
knowledge, you should seek the advice your website, advertising brochures,
of experts in this regard. For example, etc. without permission. A range of
use the patent consultation days at your online providers offer the means of
local branch of the Federal Economic purchasing non-licensed works.
Chamber with an experienced expert or
patent attorney, or the Information
Service of the Austrian Patent Office.

108 4.4 OTHER IMPORTANT INFORMATION www.gruenderservice.at


Violation of proprietary rights 4.4.4. Information on business papers and
If you commit a violation of proprietary rights, online, data protection
you may be obligated to cease and desist and re-
move the violation (e.g. destroy catalogues), pay Your image within the market is important not
reasonable compensation, submit to publication only from a marketing perspective but also from
of the judgement and – if you are responsible for a legal perspective. On the basis of a wide variety
the violation – also hand over the profits you have of statutory regulations, all entrepreneurs are
made, pay damages, etc. The obligation to reim- obliged to state certain details on their business
burse for the costs of proceedings should also papers and online (website, online shop) and to
not be overlooked. Cases of wilful violation may safeguard data protection.
also result in prosecution.

OUR TIP: You do not need to incorporate


OUR TIP: Protect yourself and all this information into your Internet
your works with a creative industries presence yourself. Members of the
securities account. Regardless of Austrian Federal Economic Chamber
whether your work is photography, can also create a link to their personal
marketing concepts, blog posts, illu- entry in the ‘Companies A-Z’ at wko.at.
strations or open-source software – Examples of web shops that comply
works with a digital time stamp make with the requirements can be found by
your copyright clear. visiting www.guetezeichen.at.

4.4.3. General terms and conditions Here are a few tips on where to find detailed in-
formation on this topic:
General terms and conditions (GTC) are a com- https://www.wko.at/service/wirtschaftsrecht-
pilation of fully formulated, standardised con- gewerberecht/website-email.html
tractual terms and conditions on which you as a
contractual party (e.g. as provider of goods or At www.it-safe.at, run by the Federal Department
services) base a contract. for Information and Consulting (BSIC), you will
find practical online advice as well as informa-
The Legal Service of the Austrian Federal tion and specific tips all about IT security in your
Economic Chamber offers a large quantity of in- business.
formation online concerning general terms and
conditions. For sample clauses on sales and Further information: wko.at/datenschutzservice
delivery provisions, and purchasing conditions,
please visit: wko.at. 4.4.5. Warranty

Furthermore, the website of the Austrian Warranty is understood as the legal liability wit-
Federal Economic Chamber includes a GTC hout fault for legal and material defects which
database, which contains all available GTCs sor- were already present at the time of handover or
ted according to the business sectors concerned. delivery. A defect exists when the object or the
These constitute non-binding recommendations work does not possess the agreed or usually re-
from the competent professional organisations quired properties. A precondition of the warranty
within the Austrian Federal Economic Chamber. is a transaction involving payment (e.g. purchase
You can find the GTC database at wko.at under agreement).
‘Commercial and Trade Law.’

www.gruenderservice.at  4.4 OTHER IMPORTANT INFORMATION 109


Which deadlines do you need to be aware of? Guarantee
If the defect emerges within six months of deli- Unlike a warranty, with a guarantee you assume
very, it is assumed that the defect already existed liability voluntarily. Without a written guarantee,
before the time of delivery. After six months have there is no entitlement to a guarantee. You can
passed, the buyer or the commissioner of the choose what you want to include in a guarantee.
work must prove that the defect was already pre-
sent at the time of handover. The guarantee is usually dependent on the
emergence of the defect during the agreed pe-
The warranty period for moveable objects is two riod, and not on the presence of a defect upon
years, for immovable objects three years. Please delivery. A warranty always involves the direct
note: If moveable objects are turned into immo- contractual partner whereas guarantees are
vable objects through installation, they are then often issued by the manufacturer. With a gua-
subject to the three-year warranty period (e.g. rantee, the issue of fault on the part of the gua-
new windows installed on business premises). rantor is not relevant.

Which legal consequences do you need to be Compensation


aware of? The customer is only entitled to make claims for
In the event of a defect, the recipient (buyer or damages if the seller/work contractor or their
commissioning party) can request the repair or staff are responsible for the defective nature of
exchange of the object, a reduction in price or the the delivery/‘work’, or for the occurrence of da-
changing (i.e. rescission) of the purchase agree- mage. Such claims do not become invalid until
ment. If an object has been installed by the buyer three years after the date on which the purchaser
personally, and it then turns out to be defective, becomes aware of the damage and the party that
you as the seller are obligated to remove the ob- caused the damage, or after a period of 30 years.
ject and re-install the new object or cover the This means that, if the damage for which the
cost of doing so. supplier is responsible arises in the 8th year, the
purchaser has from the 8th until the 11th year to
Initially the buyer can only request the improve- bring a claim for damages.
ment or exchange of the object, unless this is
impossible or would incur unreasonably high Product Liability Law
costs for you as the seller. Please note: Typical Product liability is the liability without fault for
deficiencies due to wear and tear are not grounds certain damages caused by defects in a product.
for warranty claims! It only covers consequential damages, never the
defective product itself. However, not all conse-
Notification of defects quential damages are compensated, only perso-
If both partners to the agreement are busines- nal injury and damage to property; damage to
ses, the buyer may only claim its right of war- entrepreneurial property is not compensated.
ranty under the more stringent conditions of The following groups of entrepreneurs are liable
company law – examination of the goods without for product damages:
undue delay, notification of the defect. While the  t he manufacturer of a product –
right of warranty is mandatory when it comes to  t he EEA original importer,
consumers, different arrangements can be  a  ny entrepreneur who has marketed the pro-
made as part of a purchase agreement between duct, if neither the manufacturer nor the im-
businesses porter can be identified.

110 4.4 OTHER IMPORTANT INFORMATION  www.gruenderservice.at


As an entrepreneur, you are also liable as the 4.4.6. International transactions
‘manufacturer’ if you have identified yourself as
the manufacturer by attaching your name, your Exploiting foreign markets International mar-
trademark or another mark to the product. kets can be lucrative for new entrepreneurs al-
ready during the initial phase. Taking the step to
Defectiveness of a product do business abroad will be much simpler if you
The defect must already be present at the time get hold of the most important information on
the product is placed on the market. According the target market. Advantage Austria operated
to product liability law, a product is defective if it by the Austrian Federal Economic Chamber, in
does not offer the level of safety that is to be ex- collaboration with the provincial chambers' Ad-
pected from this product in accordance with the vantage Austria departments, comprehensively
state of the art. False or incomplete information supports Austrian companies worldwide in mar-
in the operating instructions or advertising keting their products and services. In addition to
would constitute defectiveness, for example. information about foreign markets, events such
as trade fairs, group tours and financial support,
Operational measures there are over 100 support centres available
 You can usually limit your product liability risk worldwide in the form of foreign trade centres
by taking out appropriate insurance coverage. and offices. These help Austrian companies en-
 The entrepreneur's obligation to provide evi- ter those markets, providing support in seeking
dence necessitates comprehensive docu- business partners, starting up companies ab-
mentation within the business. Particularly road, finding suppliers and solving other coun-
for trading companies, it is necessary to keep try-specific problems.
precise records of the type, quantity and
particularly the origin (manufacturer) of the You will need to consider possible customs regu-
merchandise. lations, import and export licence requirements,
 Check all the documents which serve to etc., when importing or exporting goods in other
present the product (advertising statements, countries.
instructions for use) for completeness and for
sources of error. If you want to offer your services abroad as well,
 Make sure that you have a contractually you should learn about the respective special
agreed right of recourse against foreign ma- features regarding trade, industrial and tax laws.
nufacturers.
 Adapt any delivery terms and conditions of You can find more detailed information from the
purchase you are already using, in order to Department of Foreign Trade at your Austrian
take account of this legal situation. Federal Economic Chamber (contact: wko.at/
aussenwirtschaft).
IMPORTANT: A warranty is mandatory within
the statutory warranty periods. In addition to
a warranty, you may also issue a guarantee.

www.gruenderservice.at  4.4 OTHER IMPORTANT INFORMATION 111


112  www.gruenderservice.at
5
NETWORKING
| What information sources are important?
| Where can I best network?
| What information can I also find online?

visionary organised

alert
inspired

enduring communicative
connected

enthusiastic

www.gruenderservice.at  5. NETWORKING 113


| 5.1 A FTER START-UP

Following the successful start-up of your com-


pany, you become a member of your professio-
nal group/guild/specialist board of your Austrian
Federal Economic Chamber. Your specialist
representatives within the Austrian Federal
Economic Chamber deal with issues affecting
your sector and thus represent your interests
and are on hand to provide advice and support.
You pay a membership fee in exchange for this.
Part of your fee, the so-called basic levy, di-
rectly benefits your sector representatives and
supports them in their work on your behalf.

The Austrian Federal Economic Chamber also


offers a wide range of other services: Your
district/regional office or your service centre in
the Austrian Federal Economic Chamber can
provide you with information on the following
issues, among other things.

  hich subsidies can I apply for?


W
 How do I take on my first employee?
 How do I train apprentices?
 How do I go about crossing the border
(export)?
 Which collective agreement do I have to use?
 Do I need general terms and conditions?

You can also consult wko.at – here you will find


plenty of leaflets with answers to some of these
questions. As an entrepreneur, you will have
further access to exclusive information in the
‘My sector’ area.

OUR TIP: The practice-oriented service


handbook "The Three Year Itch"
provides support in the post-start-up
phase. You can find us at
www.gruenderservice.at/publikationen

114 5.1 AFTER START-UP  www.gruenderservice.at


| 5.2. N ETWORKS AND PLATFORMS

There is an abundance of offers for entrepreneurs that help simplify starting your own business and
your daily work routine, from networks for entrepreneurs and online portals to platforms which
support young entrepreneurs. You will find an overview of helpful offers below.

contact activity WEBSITE

Business start-up service  omprehensive consultation


C www.gruenderservice.at
on starting up a business, www.facebook.com/gruenderservice
NeuFöG consultation, confirmation www.youtube.com/gruenderservice
Trade registration
Austrian Federal Service departments (tax, http://wko.at
Economic Chamber commercial, social and labour law,
general legal questions, subsidies)

Professional associations (information


on branches and collective agreements)

District / regional offices


(your regional contact person)
AKM (Society for Authors, Reporting obligations (copyrighted music) www.akm.at
Composers and Music Publishers)
General accident insurance AUVA is the social accident insurance www.auva.at
institution for those in gainful employment,
school pupils, students and kindergarten
children, as well as numerous voluntary
relief organisations and members of the
rescue services
Offices of provincial government Licence applications www.help.gv.at
(your official information source)
(Application for deferral of reasons for
trade disqualification

Surrender of trade authorisation)

Recognition/equivalence of professional
qualifications acquired in an EU/EEA
member state
Chamber of Labour Provides consultation on the subjects of www.arbeiterkammer.at
labour and tax lax, consumer protection,
work and family, education and health
at the work place
Labour Inspectorate Monitoring compliance with statutory www.arbeitsinspektion.gv.at
provisions governing worker protection,
etc.
Austrian Labour Exchange Worker/employee referrals www.ams.at

Support for unemployed persons


in starting up a company

Work permits for foreigners, etc.


Austria Wirtschaftsservice This federal development bank offers www.awsg.at
financing to small and
medium-sized businesses
Austrian Business Agency Contact point for foreign companies http://investinaustria.at
wishing to establish in Austria

www.gruenderservice.at  5.2. NETWORKS AND PLATFORMS 115


contact activity WEBSITE

Bank(s) Financing
Subsidy applications
Accountant(s) Tax consultation www.rechenstift.at
Accounting authorities Authorities responsible for www.bilanzbuchhaltung.or.at
accounting professions (accountants/
payroll accountants)
District administration/ Trade registration www.help.gv.at
authorities/offices (your official information source)
Application for deferral of reasons
for trade disqualification
authorisation of business premises
application for individual licences
appointing managing directors under
trade law reporting additional business
locations change of business location
surrender of trade authorisation
Federal Ministry for reports on trans-border www.bmwfw.gv.at
Science, Research activities of licensed trades
and Economics by citizens of an EU/EEA member state
Federal Chancellery coordination of general government www.bka.gv.at
policies, responsible for information
activities of the federal government
and the constitution; Provision of Legal
Information System (RIS)
Businessplan Plan4You Easy Plan4You Easy is free www.gruenderservice.at/businessplan
business planning software
i2b Business Plan Competition Austria-wide www.i2b.at
business plan competition
Data processing register EDP no. www.dsb.gv.at
EAN code European Article Number
Waste disposal companies municipal www.ara.at

private (e.g. ARA – Altstoff Recycling


Austria) You are required to register if you
introduce packaging into commercial
circulation. Contact your Austrian Federal
Economic Chamber for more information.
EPU Service and support for http://epu.wko.at
Single-Person Businesses (EPU)
REVENUE OFFICE – for apply for tax ID number www.bmf.gv.at
business location (responsible within one month after
for business partnerships and registering your business
legal persons/corporate in
location bodies where their fill in your questionnaire and
management is located) send it to the revenue office

Apply for a UID (VAT ID) number

ongoing payments of taxes and wage taxes


Determining corporate income

file annual tax return for VAT;


corporation tax and capital gains tax
as well, for GmbH

deleting taxpayer ID number

116 5.2. NETWORKS AND PLATFORMS  www.gruenderservice.at


contact activity WEBSITE

REVENUE OFFICE – Apply for tax ID number www.bmf.gv.at


residential (responsible for within one month after
natural persons liable for registering your business
income tax
fill out the questionnaire and send
it to the revenue office

Apply for a UID (VAT ID) number

ongoing payments of taxes and wage taxes

File annual tax return for VAT


and income tax

deleting taxpayer ID number


Company register entry/registration of www.firmenbuch.at
companies; sole proprietorships if the
annual sales limit of EUR 700,000
is exceeded twice, otherwise registration
is voluntary

enquiries concerning registered firms


Companies A-Z complete and up-to-date Austrian http://firmen.wko.at
online trade directory
Support centres consultation, support
Franchise Pool The Franchise Pool of the start-up www.franchiseboerse.at
of the Economic Chamber service of the Austrian Economic
Chambers
Woman in Business lobby groups for female entrepreneurs www.unternehmerin.at
and network platform
District health insurance register employees www.sozialversicherung.at
prior to beginning work
Community/municipal authority building permits (change of use) www.help.gv.at
usage authorisations (your official information source)
Land use planning
Land register (LR court) entry in the land register www.justiz.gv.at
mortgages
servitudes, easements
building law
Junior Chamber lobby groups for young www.jungewirtschaft.at
entrepreneurs and
network platform
Childcare allowance online advice from www.kinderbetreuungsgeld.or.at
calculator Woman in Business
Apprentices Office of the informal request for apprentice www.wko.at
Austrian Federal training approval (prior to initial
Economic Chamber apprenticeship training)

apprenticeship agreements
final apprentice examination
support for apprentice businesses
Master craftsman examination trainer, entrepreneur, master, www.wko.at
office/office of provincial licence examination
government
Nachfolgebörse online platform of the start-up service www.nachfolgeboerse.at
(succession pool) for business transfers and acquisitions

www.gruenderservice.at  5.2. NETWORKS AND PLATFORMS 117


contact activity WEBSITE

Notary public(s) consultation and preparation of contracts www.notar.at


(obligatory when founding a GmbH)
Austrian management of the data handling www.dsk.gv.at
Data Protection Authorities register and supervising compliance
with the Data Protection Act
Austrian national support centre www.ffg.at
research support society for business research
in Austria
Österreichische Hotel- und special bank for financing and www.oeht.at
Tourismusbank GmbH supporting investments in
tourism
Austrian representative of the Austrian www.franchise.at
Franchising Association franchise industry
Austrian auditing association of www.oegv.info
Federation of Cooperatives Austrian Credit Union and
industrial goods, services and
production cooperatives
Austrian Standards Institute Austrian centre for standards www.as-search.at
Patents Office trademarks, samples, patent www.patentamt.at
research and registration
Attorney consultation and preparation www.rechtsanwaelte.at
of contracts
Austrian federation of court experts www.gerichts-sv.at
Federation of Experts
Sozialministeriumservice Grants and offers for company www.sozialministeriumservice.at
(formerly the Federal Social founders and entrepreneurs with
Office) disabilities
Social Insurance Service reporting the business start-up www.sva.or.at
for Commerce and Industry within four weeks

small business regulations possible;


certain conditions apply
Tax consultant(s) tax consultation, accounting, www.kwt.or.at
annual financial statements, etc.
Corporate consultants consultation www.ubit.at
Unternehmensserviceportal the business service portal (USP) www.usp.gv.at
(USP) is the link between management
and the economy
Insurance (private) for buildings, merchandise, etc., liability,
legal protection, business interruption
due to illness or accident
Utilities electricity, water, gas, telephone, http://oesterreichsenergie.at
fax, internet, etc. (Austrian Association of Electricity
Companies)
WIFI vocational education and training www.wifi.at
Institute for
Economic Promotion

118 5.2. NETWORKS AND PLATFORMS  www.gruenderservice.at


| 5.3 S TART-UP SERVICES THROUGHOUT AUSTRIA

BURGENLAND STYRIA
Business Start-up Service Business Start-up Service
Robert-Graf-Platz 1, 7001 Eisenstadt Körblergasse 111-113, 8010 Graz
Tel.: 05 90 907-2220 Tel.: 0316/601-600
Fax: 05 90 907-2115 Fax: 0316/601-1202
E-mail: gruenderservice@wkbgld.at E-Mail: gs@wkstmk.at

CARINTHIA TYROL
Business Start-up Service Business Start-up Service
Europaplatz 1, 9021 Klagenfurt Wilhelm-Greil-Str. 7, 6020 Innsbruck
Tel.: 05 90 904-745 Tel.: 05 90 905-2222
Fax: 05 90 904-744 Fax: 05 90 905-1385
E-Mail: gruenderservice@wkk.or.at E-Mail: gruenderservice@wktirol.at

LOWER AUSTRIA VORARLBERG


Business Start-up Service Business Start-up Service
Wirtschaftskammer-Platz 1, 3100 St. Pölten Wichnergasse 9, 6800 Feldkirch
Tel.: 02742/851-17701 Tel.: 05522/305-1144
Fax: 02742/851-17199 Fax: 05522/305-108
E-Mail: gruender@wknoe.at E-Mail: gruenderservice@wkv.at

UPPER AUSTRIA VIENNA


Business Start-up Service Business Start-up Service
Hessenplatz 3, 4020 Linz Stubenring 8-10, 1010 Vienna
Tel.: 05 90 909 Tel.: 01/514 50-1050
Fax: 05 90 909-2800 Fax: 01/514 50-1491
E-Mail: sc.gruender@wkooe.at E-Mail: gruenderservice@wkw.at

SALZBURG
Business Start-up Service
Julius-Raab-Platz 1, 5027 Salzburg
Tel.: 0662/88 88-541
Fax: 0662/88 88-960 541
E-Mail: gs@wks.at

www.gruenderservice.at  5.3 START-UP SERVICES THROUGHOUT AUSTRIA 119


| INDEX OF KEY WORDS

Accounting system  96 et seq.


a Advice for entrepreneurs  82
Association  49
Bookkeeping, accounting  96 et seq., 102
b
Borrowed capital  23
Budget  28 et seq.
Business concept  12 et seq.
Business designation  53
Business idea  8 et seq.
Business papers  109
Business plan  12 et seq.
Business premises law  76 et seq.
Capital requirements  20 et seq.
C
Certificate of Professional Competence  74
Company designation  52 et seq.
Company name  52
Company under civil law (GesbR)  48
Compensation  110
Consultation  82, 119
Contact with the authorities  80 et seq., 115 et seq.
Contacts  115 et seq., 119
Corporation tax  72
Cost accounting  101
D
Dissolving work relationships  95
Employee  92 et seq.
E Employing foreigners  95
Employment contract  92
Entrepreneur as a secondary occupation  103 et seq.
Equity capital  23
Export  111
Federal subsidies  36 et seq.
f Financing  23 et seq.
Financing plan  12, 20 et seq.
Free trade  73
Freedom of establishment and freedom to provide services  75
General partnership (OG)  43 et seq.
g
General terms and conditions (GTCs)  109
Guarantee  37

120 INDEX OF KEY WORDS  www.gruenderservice.at


Idea  8 et seq.
I Income and expenditure accounting  99
Income tax  43 et seq., 68
Information on business papers  109
Information online  109
Insurance  107
International transactions  111
Investment loan  23
Invoice  67 et seq.
Leasing  24
l
Legal forms  41 et seq.
Licensed trades  73, 75
Limited partnership (Kommanditgesellschaft – KG)  45
Limited-liability company (GmbH)  46
Location  76
Low-value invoices  67
Marketing  13 et seq.
m
Marketing tools  16
Minimum contribution basis  54, 104
Minimum sales calculation  28, 101
Multiple insurance-plan coverage  103 et seq.
New Business Foundation Support Act (NeuFöG)  39, 83 et seq.
Outsourcing  8
o
Overdraft  24
Overview of legal forms  50
Patents  107
p
Personal qualifications  9 et seq.
Product liability  110
r
Regional subsidies  40 et seq.
Small business operators' scheme  65 et seq.
s Social insurance  53, 103
Sole proprietorship  42, 83
Start-up costs  82
Steps to take when founding a business  83 et seq.
Subsidies  34
Supplier credit  25
Talks with the bank  27
t Tax calendar  63
Taxes  60 et seq.
Trade law  73
Trade registration  80
Type of entrepreneur  9 et seq.
v Types of trades  75
Value Added Tax (VAT)  64
Warranty  109
w Work relationship  92
Worker protection  94

www.gruenderservice.at  INDEX OF KEY WORDS 121

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