Podcast
Questions and Answers
Which entity has the authority to adjudicate judicial criminal law in Austria?
Which entity has the authority to adjudicate judicial criminal law in Austria?
- Juries from the public
- Administrative agencies
- Local governmental bodies
- Fully independent judges (correct)
What distinguishes felonies from misdemeanours in the Austrian criminal law system?
What distinguishes felonies from misdemeanours in the Austrian criminal law system?
- Felonies involve crimes punishable by more than three years of imprisonment. (correct)
- Misdemeanours are always non-intentional crimes.
- Felonies can only be adjudicated in regional courts.
- Felonies are less serious and punishable by fines only.
Which courts handle appeals against decisions made by district courts in Austria?
Which courts handle appeals against decisions made by district courts in Austria?
- District courts themselves
- Local administrative courts
- Higher regional courts and the Supreme Court (correct)
- Supreme Court only
What happens to criminal convictions once they are final and cannot be challenged?
What happens to criminal convictions once they are final and cannot be challenged?
What determines the length of the expungement period for entries in criminal records?
What determines the length of the expungement period for entries in criminal records?
Which of the following punishments is NOT a main form of punishment in Austrian judicial criminal law?
Which of the following punishments is NOT a main form of punishment in Austrian judicial criminal law?
In which courts is jurisdiction determined in the first instance for judicial criminal law cases?
In which courts is jurisdiction determined in the first instance for judicial criminal law cases?
What does the term 'Tilgungsfrist' refer to in the context of criminal records?
What does the term 'Tilgungsfrist' refer to in the context of criminal records?
What is one of the key requirements for starting a business in Austria according to the Trade Act 1994?
What is one of the key requirements for starting a business in Austria according to the Trade Act 1994?
Which of the following activities is exempt from the requirements of the Trade Act 1994?
Which of the following activities is exempt from the requirements of the Trade Act 1994?
For which type of professionals are stricter requirements set out by laws other than the Trade Act 1994?
For which type of professionals are stricter requirements set out by laws other than the Trade Act 1994?
What criterion must an economic activity meet to fall under the Trade Act 1994?
What criterion must an economic activity meet to fall under the Trade Act 1994?
Which of these activities is NOT typically regulated under the Trade Act 1994?
Which of these activities is NOT typically regulated under the Trade Act 1994?
What is a common misconception regarding the initiation of a business in Austria?
What is a common misconception regarding the initiation of a business in Austria?
Which legal framework primarily governs the commencement of trade activities in Austria?
Which legal framework primarily governs the commencement of trade activities in Austria?
What aspect of the Trade Act 1994 impacts the opening of an online shop?
What aspect of the Trade Act 1994 impacts the opening of an online shop?
What is the minimum share capital required to establish a public limited company (AG)?
What is the minimum share capital required to establish a public limited company (AG)?
Which of the following is NOT a mandatory body of a public limited company (AG)?
Which of the following is NOT a mandatory body of a public limited company (AG)?
What right do holders of company value shares have?
What right do holders of company value shares have?
In terms of liability, what happens to shareholders of a public limited company (AG)?
In terms of liability, what happens to shareholders of a public limited company (AG)?
What is a primary reason Selma and Sebastian reconsider an AG for their company?
What is a primary reason Selma and Sebastian reconsider an AG for their company?
How is the Management Board of a public limited company (AG) formed?
How is the Management Board of a public limited company (AG) formed?
What is the key feature of company value shares (Unternehmenswert-Anteile)?
What is the key feature of company value shares (Unternehmenswert-Anteile)?
Which option is NOT mentioned as a potential company form for Selma and Sebastian?
Which option is NOT mentioned as a potential company form for Selma and Sebastian?
What must be included in a trade name to correctly reflect the company's identity?
What must be included in a trade name to correctly reflect the company's identity?
What is the primary function of a trademark?
What is the primary function of a trademark?
What consequence does entering a trade name in the company register have for traders?
What consequence does entering a trade name in the company register have for traders?
What should a trader check before selecting a trade name?
What should a trader check before selecting a trade name?
What economic significance is required when including a geographical term in a trade name?
What economic significance is required when including a geographical term in a trade name?
Why might Selma and Sebastian consider a better form of protection for their trade name?
Why might Selma and Sebastian consider a better form of protection for their trade name?
What should be avoided when creating a company's trade name?
What should be avoided when creating a company's trade name?
How can a trademark particularly benefit businesses?
How can a trademark particularly benefit businesses?
What is the primary motivation for online companies to establish themselves in low-tax regions?
What is the primary motivation for online companies to establish themselves in low-tax regions?
As of January 2020, what is the minimum worldwide annual turnover for an online advertising operator to be subject to Austria's digital tax?
As of January 2020, what is the minimum worldwide annual turnover for an online advertising operator to be subject to Austria's digital tax?
In the context of Austria's Digital Tax Act, how is an online advertising service considered to be provided in Austria?
In the context of Austria's Digital Tax Act, how is an online advertising service considered to be provided in Austria?
What is the tax rate applied to the digital tax imposed on online advertising services in Austria?
What is the tax rate applied to the digital tax imposed on online advertising services in Austria?
What is a significant consequence of aggressive tax planning by big cross-border digital companies?
What is a significant consequence of aggressive tax planning by big cross-border digital companies?
What global agreement was signed by leaders of 136 countries in late 2021 regarding corporate taxation?
What global agreement was signed by leaders of 136 countries in late 2021 regarding corporate taxation?
Which company is mentioned as an example of an online advertising operator likely affected by the digital tax?
Which company is mentioned as an example of an online advertising operator likely affected by the digital tax?
What happens to the costs incurred by online advertising companies due to the digital tax?
What happens to the costs incurred by online advertising companies due to the digital tax?
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Study Notes
Starting an E-Commerce Business in Austria
- Entrepreneurs Selma and Sebastian need to understand if they can simply use a trade name to start their online shop or if they require additional permissions.
Trade Regulation Law (Gewerberecht)
- Starting a business requires necessary permits as per the Trade Act 1994 (Gewerbeordnung 1994, GewO).
- A trade license is essential for any self-employed, regularly conducted, profit-oriented business activity.
- Certain activities are exempt from Trade Act requirements, including agriculture, arts, and household services (e.g., cleaning, babysitting).
- Regulated professions (doctors, lawyers) follow stricter laws than the Trade Act.
Judicial and Criminal Law
- Judicial criminal law is managed by independent judges in the general courts, including district and regional courts.
- The Supreme Court (Oberster Gerichtshof, OGH) is the highest judicial authority.
- Crimes categorized as felonies (serious crimes) carry imprisonment terms over three years; misdemeanours (less serious) are treated differently.
- Criminal records are maintained for all convictions, expunged after a specified period depending on crime severity.
Company Structures
- Companies can issue 'company value shares,' which can incentivize employees without complex acquisition processes.
- Public Limited Company (Aktiengesellschaft, AG) needs a minimum share capital of EUR 70,000; personal liability is limited to the investment value.
- GmbH and FlexCo are considered by Selma and Sebastian but come with formal accounting requirements that may be costly initially.
Trade Name Considerations
- Trade names must accurately represent the company and include references to their legal form (e.g., OG, GmbH).
- A geographical term in the trade name requires economic significance in that area.
- Selma and Sebastian decide on “MaSwyS” as their trade name, inspired by their slogan, and consider trademark registration for protection.
Trademark Law (Markenrecht)
- Registering a trade name only offers limited protection; trademarks provide stronger intellectual property rights.
- Trademarks are distinct signs identifying the source of products/services, crucial for differentiation in the market.
Digital Taxation Overview
- Digitalisation allows companies to operate in low-tax regions while benefiting from other countries' infrastructures.
- Cross-border digital companies often reduce effective taxation through strategic planning.
- Austria instituted a digital tax on online advertising as of January 2020 under the Digital Tax Act 2020, affecting providers with substantial annual turnovers and sales in Austria.
- The tax rate is set at 5% for qualifying companies based on their earnings from advertising services in Austria.
Global Tax Initiatives
- In late 2021, 136 countries agreed to introduce a global minimum corporate tax rate (GMCTR) of 15% to combat tax competition and corporate tax avoidance strategies.
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