Plan your move

Ownership structures and rental income

Personal name, company or foundation? For the home you live in, the plain answer is usually your own name. For portfolios the calculation changes — here is the whole of it: rental income, depreciation, the 30% sale tax and its exemptions, share deals and Vienna's short-let limits.

In short

  • For a home you occupy, personal ownership usually wins: only individuals can use the main-residence exemption that makes a later sale tax-free.
  • Rental income is taxed at progressive rates up to 55%, after 1.5% annual building depreciation, interest and costs; residential letting itself carries 10% VAT.
  • Private sales of Austrian property bear a flat 30% tax (ImmoESt), normally withheld by the handling attorney.
  • A company pays 23% on rents and gains, plus 27.5% when profits are distributed — about 44% combined, with no main-residence exemption.
  • Share deals: 75% of a property company changing hands within 7 years triggers transfer tax — 0.5% of the property value, but 3.5% of fair market value for real-estate companies.
  • Vienna caps short lets at 90 days per year without a permit (since July 2024).

The honest starting point

Newcomers from trust and holding-company jurisdictions often assume the family home belongs inside a structure. In Austria the arithmetic mostly says otherwise. Individuals enjoy a main-residence exemption that can eliminate the 30% sale tax entirely; structures never do. Austria levies no wealth tax that a structure could shelter against, and no inheritance or gift tax that ownership through an entity would avoid. What a structure adds for an owner-occupied home is cost, filings — and tax risk, because living rent-free in a house your own company owns is a textbook hidden profit distribution.

Structures earn their keep elsewhere: rental portfolios of some scale, development projects, properties held for several branches of a family, or assets that belong inside an existing Austrian private foundation for governance and succession reasons. Even then, the decision is a calculation, not a default — and it should be made before the purchase, because moving a property into or out of a structure later triggers transfer taxes each time. The mechanics of the acquisition itself — approvals, escrow, registration — are on the page about the purchase process and costs, and one genuine structural use case for non-EU nationals is noted under buying as a foreigner: in Vienna, interposing Austrian companies can remove the land-transfer approval requirement.

Personal, company, foundation — compared

The table compares the three realistic holding forms for Austrian residential property. A common-law trust is deliberately absent: registering trustees in the Austrian land register is problematic enough that trusts rarely hold Austrian real estate directly, as explained under foreign trusts and foundations in Austria.

Tax and practical comparison of personal, company and private-foundation ownership of Austrian residential property
AspectPersonal ownershipAustrian company (GmbH)Private foundation
Acquisition3.5% transfer tax + 1.1% registration feeSame on an asset purchase; company set-up costs on topPurchase: as for a company. Gratuitous endowment: banded transfer tax plus a 3.5% foundation surcharge (2026) + 1.1% fee
Rental incomeProgressive rates up to 55% on net income23% corporate income tax23% corporate income tax
Gain on sale30% flat (ImmoESt), with exemptions for main residence and self-built homes23%, no exemptionsGenerally 27.5% interim tax, credited when distributions are made
Getting money outAlready yours27.5% withholding on dividends — roughly 44% combined on distributed rental profit27.5% withholding on distributions to beneficiaries
Main-residence exemptionAvailableNeverNever
Occupation by the familyFreeHidden-distribution risk unless full market rent is paidUse by beneficiaries is a taxable distribution unless properly structured
Running costsTax return where lettingAccounting, filings, minimum corporate taxBoard of directors, audit-type duties, supplementary deeds
Typically right forThe family home; most single propertiesLarger portfolios, development, the Vienna approval structureProperty already inside a foundation-based succession plan

The combined company burden — 23% inside, 27.5% on the way out, about 44% overall — undercuts the top personal rate of 55%, which is why large portfolios often sit in companies despite the lost exemptions. But profits retained for reinvestment bear only the 23%, and that deferral, not the headline comparison, is usually the real argument for corporate ownership. Setting up the vehicle itself is quick and cheap by international standards, as described under forming an Austrian GmbH.

Rental income in personal hands

Rents are ordinary income: they join salary and business profits in the progressive scale that tops out at 55%, with the bands set out under Austrian income tax rates. The taxable figure, however, sits well below the cash rent. The building — not the land — is depreciated at 1.5% a year for residential lettings; in Vienna, typically 30–40% of a purchase price is attributed to non-depreciable land. For buildings acquired or completed after mid-2020, depreciation may be tripled in the first year and doubled in the second (rules as of 2026). Financing interest, operating costs not passed on to tenants, management, insurance and repairs are deductible, with certain substantial refurbishment costs spread over fifteen years.

Residential letting is also a VAT activity: rents to tenants carry 10% VAT, which the landlord charges and remits while recovering input VAT — significant on new-builds bought with 20% VAT, and the reason buy-to-let purchases are often structured with the seller's VAT option, as explained with the transaction cost rules. Small landlords under the EUR 55,000 turnover threshold can stay outside the system. Two cautions complete the picture: chronic tax losses invite reclassification of the letting as a hobby, with losses disallowed — financing structure matters — and rent regulation itself caps what parts of the older stock can earn at all, as set out under Austrian tenancy law. The yield mathematics start from the current Vienna price and rent levels.

Selling: the 30% tax and its exemptions

Private sales of Austrian real estate are taxed at a flat 30% of the gain (Immobilienertragsteuer, ImmoESt), self-contained and outside the progressive scale; the attorney or notary handling the sale normally computes and withholds it. Unlike financial assets, real estate receives no step-up when you move to Austria — the original acquisition cost stays the basis, a distinction explained under investment income and capital gains. Two exemptions and one legacy rule do the heavy lifting:

Exemptions and special bases under the Austrian real-estate gains tax
ReliefConditionsEffect
Main-residence exemptionThe home was your main residence either for at least 2 years continuously from acquisition until sale, or for at least 5 continuous years within the last 10 — and you give the residence up on saleGain fully exempt; in practice the land component is accepted up to about 1,000 m²
Self-built homesYou built the building yourself (as the developer bearing the construction risk); not available to the extent the building produced rental income in the last 10 yearsBuilding gain exempt; the land remains taxable
Legacy propertyAcquired before 31 March 2002Lump-sum basis: effectively about 4.2% of the sale price, instead of 30% of the actual gain — about 18% where the land was rezoned to building land after 1987, plus a 30% surcharge on the gain if that rezoning took effect from 2025. For sales completed after 31 December 2026 the two lump-sum charges rise to 6% and 21%.

The two-year variant matters to relocating families: buy the Vienna home on arrival, live in it from acquisition, and a sale two years later can already be tax-free. The exemptions belong to individuals only — one more reason the family home rarely belongs in a structure — and they are also why timing the give-up of the residence deserves advice when a family later leaves Austria, since Austrian property stays taxable here even after departure.

Share deals and transfers within the family

Real estate transfer tax reaches further than direct sales. If real estate sits in a company or partnership, transfer tax is triggered when at least 75% of the shares or interests change hands within seven years, or are pooled with one acquirer or group. The charge is then 0.5% of the property value — unless the entity is a real-estate company, one whose focus is the sale, rental or management of property, in which case 3.5% of the property's fair market value applies. Anyone buying, holding or one day selling a property-rich company should price these rules in from the start; they were tightened precisely to catch structures that once passed buildings between owners tax-free.

Within families, transfers are treated with deliberate generosity. Gratuitous transfers — and any transfer between close relatives, which is deemed gratuitous whatever consideration is paid — attract banded rates on the property value: 0.5% up to EUR 250,000, 2% to EUR 400,000, 3.5% above, with transfers over five years aggregated. With no inheritance or gift tax in Austria, this banded transfer tax plus the 1.1% registration fee is the entire tax cost of passing a Viennese apartment to a child — the wider context, including the gift-notification duty, is on the page about inheritance and gift taxation in Austria. Endowing real estate to a private foundation instead attracts the banded rates plus a foundation surcharge of 3.5% of the property value (rate as of 2026).

Short lets and the Vienna 90-day rule

Investors modelling platform letting should read Vienna's building code before the listing goes live. Since July 2024, letting a home short-term for more than 90 days per calendar year requires an exception permit, granted for at most five years — and inside the city's designated residential zones (Wohnzonen), which cover much of the attractive inner city, that permit is not available at all: the only route past the 90-day home-sharing allowance there is a separate exception from the zone's residential-use rule under section 7a of the building code, which the authority must grant where at least 80% of the building's floor area — ground floor and basements aside — stays residential, and on a few other narrow grounds. Outside those zones, a permit can be granted only while the building remains predominantly in ordinary residential use. Letting — or even advertising — a home beyond the limit without a permit risks fines of up to EUR 50,000 (rules as of 2026).

Private law adds its own layer: in a condominium building, converting an apartment to tourist letting generally needs the other owners' consent, and a tenant who sublets short-term will usually breach the lease. Alpine resorts impose comparable limits through their holiday-home rules, noted under regional restrictions on foreign and leisure buyers. Where short-letting is permitted and pursued at scale, it can also tip from investment income into a trade for tax and social security purposes — worth a specific review before building a business on it.

Questions on this page

Should I buy my Vienna home through a company?

Usually not. A company costs the main-residence exemption on a later sale, adds running compliance, and rent-free use of a company home invites hidden-distribution taxation. Companies earn their keep for rental portfolios and development, not for the family home.

What is the effective tax on rental income for a top-rate taxpayer?

Net rental income lands in the progressive scale, so at the margin up to 55%. Depreciation of 1.5% of the building per year, financing interest and running costs reduce the taxable figure well below the cash rent.

Can a foreign trust hold Austrian real estate?

In practice this is difficult: Austria's land register is built around registered legal owners, and registering trustees of a common-law trust is problematic. Families with trusts usually hold Austrian property personally or through a company or foundation instead.

Is the 30% sale tax ever reduced for long ownership?

Not by holding period as such, but property acquired before 31 March 2002 benefits from a lump-sum basis that brings the effective charge to roughly 4.2% of the sale price for sales completed up to 31 December 2026 — about 6% for sales after that, under the 2027-2028 budget act. There is no inflation adjustment for newer acquisitions.

Do the short-let limits apply to letting my apartment while abroad?

Vienna's 90-day rule targets repeated short-term letting of the whole home, such as via booking platforms, not an ordinary tenancy. A normal fixed-term or indefinite lease during an absence abroad is not a short let — but check the house rules and, in a condominium, the other owners' rights.

Considering a move to Austria?

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