Notifying the tax office
table of content
General information
The tax office must be informed if a business activity ceases, regardless of the reason.
Please note
These rules apply to all entrepreneurs from EU Member States in Austria.
Please note
If a business closes due to insolvency, the tax office is notified by the court or the administratorGerman text (reorganisation administrator).
Enterprises affected
Incorporated companies and registered partnerships
Requirements
Cessation of trading activities
Deadlines
Within a month of ceasing to trade.
Competent authority
The tax officeGerman text must be informed that bodies and partnerships without separate legal personality (for example general partnerships, limited partnerships and civil law partnerships) have ceased to trade.
Procedure
Entrepreneurs registered with the USP can use FinanzOnline and many other online services simply by logging in to the Portal. Further information about registering can be found in the online guide to registering with the USPGerman text.
Required documents
- informal letter or
- form Verf25 (questionnaire on the cessation of a commercial or professional activity)
- On the death of a shareholder or partner – however, only if the company closes as a result – also:
- decision on the transfer of title to the estateGerman text – however, only if a decision has already been delivered (by the probate court or district court).
The required documents can be submitted in person, by post or fax, or on FinanzOnline.
Costs and fees
No fees or charges are payable.
Further information
After the death of a shareholder, the company continues to exist, but the composition of the shareholders changes. Form Verf60 (procedure to determine income under Section 188 of the BAO/participant administration) must be completed to report this change. If the remaining shareholders decide to dissolve the company, they must present the documents referred to above. If the company is a legal entity, it does not usually change on the death of one of its shareholders.
Please note
Any outstanding tax must still be paid to the tax office. When the outstanding tax has been paid, the tax office issues registered companies with a clearance certificateGerman text which must be presented to remove the company from the companies register.
The tax office will repay any credit balance.
Further links
- FinanzOnline (→ BMF)German text
- Tax Authority Austria (→ BMF)German text
- Find a court (→ BMJ)German text
Legal bases
Körperschaftssteuergesetz 1988
Expert information
If a corporation is dissolved and wound up, the surplus upon liquidation is subject to tax. The surplus upon liquidation is the gain realised during the winding-up resulting from comparing the final liquidation assets and the initial liquidation assets. The tax period may not exceed 3 years (5 years for liquidations in insolvency proceedings).
For the dissolution of partnerships without a legal personality, or for withdrawal of a shareholder, hidden reserves are also to be disclosed, and gains on cessation are taxable. Under certain conditions, tax advantages are available.
Link to form
- Form Verf25German text (questionnaire on the cessation of a commercial or professional activity)
- Form Verf60German text (procedure to determine income under Section 188 of the BAO/participant administration)
Authentication and signature
- Electronically: registration via FinanzOnline (→ BMF) with login details, mobile phone signature (→ oesterreich.gv.at), card-based citizen card system or EU login, or via USP with USP login details or mobile phone signature
- In writing: by informal letter or by sending a signed and completed form
Means of redress or appeal
Not applicable
Assistance and problem-solving services
There are no assistance or problem-solving services.
Further Servicepoints
Tax Ombudsman of the Federal Ministry of Finance (→ oesterreich.gv.at)German text
Responsible for the content: Federal Ministry of Finance