Insights · Business

Sole Trader, Company or Trust? Choosing a Business Structure in Australia

Osem Tax · Tax & Advisory Specialists, Sydney

The structure you choose on day one shapes your tax bill, your personal risk and your paperwork for years. Changing later is possible but rarely free — so it is worth getting right early. Here is the plain-English version of the four common options.

Sole trader

You and the business are legally the same person. Setup is nearly free (just an ABN), reporting is simple, and losses can sometimes offset your other income.

Company (Pty Ltd)

A separate legal entity registered with ASIC. The company earns the profit, pays company tax, and you take money out as salary, dividends or both.

Partnership

Two or more people (or entities) in business together, sharing income and losses. Cheap to establish, but each partner can be personally liable for the whole partnership's debts — choose partners carefully.

Discretionary (family) trust

A trustee holds the business or investments for the benefit of family members. Each year the trustee can decide how to distribute profit among beneficiaries.

A common pattern for growing family businesses is a company that runs the trading business, owned by a family trust — combining limited liability with distribution flexibility. Whether it suits you depends on profit level, family situation and risk.

The questions that actually decide it

  1. How much profit do you realistically expect in the next 2–3 years?
  2. Could the business be sued, or take on significant debt?
  3. Do you have a spouse or family members in lower tax brackets?
  4. Will you ever take on partners or investors, or sell the business?
  5. How much admin are you prepared to pay for each year?

Bring honest answers to those five questions and a structuring conversation takes one meeting.

This article is general information only and does not take your personal circumstances into account. It is not tax, legal or financial advice. Speak to a registered tax agent about your own situation before acting.

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We handle company incorporation, trust establishment, ABN/TFN/GST registration and the structuring advice that comes first.

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