Austria
Legal and Accounting Services in Austria
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Austria Legalities
EUlaw generally applies in Austria. However, additional regulations need to be overcome when setting up a company. These include:
- Company registration
- Need to pay guarantee to the government
- Need to satisfy Austria’s strict ‘Gewerberecht’
The ‘Gewerberecht’ (trade regulation act) lay is the principal law governing self-employed people working in the private sector. There are specific regulations for certain areas of the private sector, like banks and insurance companies.
Certificates of qualification are obligatory for certain trades and crafts. Generally speaking, a commercial business can be carried out only after registration with the Austrian authorities.
In certain sectors, such as telecommunications, engineering and construction, it is often easier to ensure that the head of the business is an Austrian national with the appropriate qualifications. It can be a lengthy process for other nationals to obtain the correct qualifications.
Anyone wishing to establish a business or profession in Austria has to be registered by a local tax office.
Standards and technical regulations
Products and packaging should meet EU standards.
Local standards and technical regulations may apply.
The accredited body for most technical standards, International Organization for Standardization (ISO) certifications and other standards is TUEV Oesterreich.
Information on European and Austrian standards is available from Oesterreichisches Normungsinstitut.
Additional legal packaging requirements may be required.
It is a requirement that labelling, instructions for care and use should be translated into German. The instructions should be clear if multi-language labelling is being used.
Intellectual property
Trademarks, designs, patents and copyright are the principal forms of Intellectual Property ( IP) protection available to companies and individuals.
IPlaw, especially for patent protection, is not totally harmonised within the EU.
The Austrian Patent Office has responsibility for IP legislation in Austria. You should seek professional legal advice with regard to issues around IP.
Austria Tax
Value Added Tax ( VAT)
The general rate is 20% for most manufactured goods and services. A lower rate of 10% is levied on food, agricultural products, property rents, and some other items.
UK exporters should zero rate the goods and the importer in Austria will declare the goods on their VATreturn form. If the buyer is not registered for VATor the seller cannot obtain his VATnumber then the seller must charge the UK rate of VAT.
A special tax is levied on the first registration of cars. This is based on the car’s average fuel consumption.
Check with HM Revenue and Customs (HMRC) regarding VAT refund of business expenses incurred in Austria.
Corporate tax
Corporate tax is 25 % of any income of legal entities.
Income tax
All people who are registered in Austria (Austrian and other nationals) have to pay income tax. Additionally you will be liable for income tax if registered abroad, but have an Austrian work contract.
Income tax rates can be up to 50%.
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