English
When You DON'T Need a Trade License
GewO §2
Verified: April 2026
The Austrian Trade Act does not apply to everything. Certain activities are explicitly exempt (§2 GewO). Here are the most important exceptions.
Activities That Do NOT Require a Trade License
- Free professions: Doctors, lawyers, notaries, tax advisors, architects (Ziviltechniker), auditors — governed by separate professional laws
- Agriculture & forestry: Primary production, farm-gate sales, traditional wine tavern (Buschenschank)
- Artistic activities: Fine art, performing art, music — if the artistic achievement is the main focus
- Private tutoring: Tutoring, language lessons, music lessons — as long as NOT commercially organized
- New self-employed: Service contracts with primarily personal performance (e.g., freelance writers, designers) — under certain conditions
- Occasional sales: Flea markets, occasional trades without profit intent
How to Tell the Difference
| Factor | Trade Needed | No Trade Needed |
|---|---|---|
| Regularity | Repeated, ongoing activity | One-time or occasional |
| Profit intent | Yes, aimed at earning | Hobby, no profit motive |
| Independence | Own risk, own organization | Employed (employment contract) |
| Public offering | Appearing in the market | Only for friends/family |
Common Examples
| Activity | Trade? | Explanation |
|---|---|---|
| Freelance programmer | Usually YES | Free trade "IT services" |
| Freelance journalist | NO | Free profession (Press Act) |
| Running an online shop | YES | Commercial trade (free trade) |
| Private tutoring | Depends | Occasional no, organized yes |
| Selling honey (own bees) | NO | Agriculture (primary production) |
| Baking cakes for friends | NO | Not commercial |
| Selling cakes commercially | YES | Confectioner (regulated!) |
| Offering yoga classes | Usually YES | Free trade or new self-employed |
When in doubt: register!
Trade registration in Austria is free (€0). If you're unsure whether
your activity requires a license, it's safer to register than to risk
operating illegally. The WKO startup service offers free consultation.
Related Guides
General guidance only, not legal advice. Last verified: April 2026.
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