An agency company is an entity that has entered into an agreement with an offshore company (the principal) to act as an agent. The agency company itself does not conduct business activity in Austria, but receives income from the agency commission.

Austrian companies
A GmbH (Gesellschaft mit beschränkter Haftung), a company with limited liability, is the most popular option for founding a business in Austria, both for domestic and international purposes. The following information describes the process of establishing this kind of company:

Statutory share capital
The statutory share capital of an Austrian GmbH is €35,000, of which at least €17,500 must be paid in cash.

Directors and shareholders
The company can be established with just one shareholder, no matter whether the shareholder is a domestic or foreign individual or a legal entity. The director of the GmbH is the only one legally authorised to represent the GmbH, and is personally responsible for liabilities resulting from legal transactions carried out on behalf of the GmbH and for any unpaid taxes.
Corporate income tax
The corporate income tax rate in Austria is 25%. There is also a minimum amount of tax that must be paid by Austrian companies, which is currently €1,750 per year, divided into four quarterly payments. These payments are due on 15 February, 17 May, 16 August and 15 November each year.

Agency structure basics
At all stages, the agency company conducts business on behalf of the customer, who may be a company located in a tax haven, under the terms of the agency agreement. Business transactions are conducted through the Austrian company (which may trade, with VAT, with EU and non-EU companies) and the revenue is received into its bank account. After deducting a commission, the capital amount is transferred to the account of the real seller (e.g. the EU company). The agency commission can be set at 2%, 5% or even higher, and is usually paid annually. The Austrian company will declare the commission received as taxable income in Austria.