Notifying the tax office – companies

General information

The tax office must be informed if a business activity ceases, regardless of the reason.

If a business closes due to insolvency, the tax office is notified by the court or an 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 office^{German 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

Notifications can be made to the Tax Office at the same time as submitting the necessary documentation. This can be done in person, by post, by fax or via FinanzOnline (→ BMF).

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 USP^{German 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 estate – 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 duties 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.

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

FinanzOnline (→ BMF)

• Form Verf25^{German text} (questionnaire on the cessation of a commercial or professional activity)
• Form Verf60^{German text} (procedure to determine income under Section 188 of the BAO/participant administration)

Authentication and signature

• Electronically: registration via FinanzOnline (→ BMF) with login details, ID Austria or EU login. Registration on USP with USP login details or ID Austria
• In writing: by informal letter or by sending a signed and completed form

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}