Austria: corporation or sole proprietor ?

A corporation may be more convenient in terms of taxes also in the event of a lower income, for example when the legal form of corporation is combined with the payment of a salary to the managing director who is a member of the corporation. If the appropriate level of the salary can be established, the member-managing director of a corporation can claim tax rates lower that 43.75%.

When the activity of a sole proprietor or a partnership should be continued in the framework of a private limited partnership, the company may be transferred to a private limited company by means of a contribution in kind. In principle this contribution should determine a taxation similar to the one applied to the sale of a company. However, if the prerequisites of the fiscal law on the transformation of companies are met, the contribution may be made under conditions of tax neutrality.


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