Choosing the right legal structure is your first decision when doing business in Australia. Each option carries various implications for liability, tax, and administration.
Sole Trader
Sole trader is the simplest and most common structure for individuals starting a business. You’ll have full control and receive all profits, but you are also personally liable for all debts and legal obligations.
Furthermore, setup costs and complexity are low, making it ideal for consultants, freelancers, and small service providers testing the market.
Partnership
A partnership involves two or more people (or entities) carrying on a business together with a view to profit. Partners share income, losses, and control. While slightly more complex than a sole trader, it allows for pooled resources and expertise.
Critically, in a general partnership, each partner is jointly and severally liable for the business’s debts.
Company (Pty Ltd)
A proprietary limited company (Pty Ltd) is a separate legal entity from its owners (shareholders). This structure limits personal liability, as the company itself is responsible for its debts.
Hence, it’s the preferred vehicle for serious commercial activity, offering credibility and easier access to capital. However, it involves higher setup costs, more complex reporting, and strict director obligations.
Trust
A trust is a structure where a trustee (an individual or company) holds and operates the business for the benefit of others (the beneficiaries). Trusts are often used for asset protection, tax planning, and family businesses.
Additionally, they are the most costly structures to establish and maintain, requiring formal trust deeds and meticulous record-keeping.
Additionally, you can make use of PEO services in Australia to receive guidance on choosing and setting up the right business structure.
Company Registration Process
Registering a company in Australia is a simple process that’s primarily online and managed by the Australian Securities & Investments Commission (ASIC).

Here is the step-by-step approach:
- Obtain a director ID, since all proposed directors must apply for a unique Director Identification Number (Director ID). That’s through the Australian Business Registry Services.
- Choose and check a company name for your business. You must check its availability on the ASIC register and ensure it complies with naming rules.
- Determine your company’s rules by deciding if your company will use the standard “replaceable rules” from the Corporations Act or adopt its own constitution to govern internal management.
- Prepare key details by gathering required information. This includes the registered office address (must be a physical location in Australia), details of all shareholders and officeholders, and the company’s share structure.
Don’t want to complete the registration process? Then, try using the best Employer of Record services to outsource the company registration process.
Taxation in Australia
Australia’s tax system has a headline corporate tax rate of 30%, but a lower 25% rate applies to “base rate entities” with aggregated turnover under $50 million. Furthermore, a broad-based 10% Goods and Services Tax (GST) applies to most sales. Note that businesses must register for GST once their annual turnover reaches $75,000.
Other key levies include payroll tax (state-based), land tax, and fringe benefits tax. Overall, the system operates on a self-assessment basis, with quarterly Pay As You Go (PAYG) instalments for income tax and GST.
Employment Laws and Labor Market
Australia’s labor market is governed by a strong safety net of laws and regulations. The Fair Work Act 2009 sets the national standard, including the National minimum wage, which is AUD 23.23 per hour for 21-year-olds and older.
Most employees are also covered by an industry or occupation-specific “award” that prescribes minimum pay rates, penalty rates for overtime, and leave entitlements.
Note that employers must contribute 11% of an employee’s ordinary earnings to a pension fund. Also, the market is characterized by a low unemployment rate (historically around 3.5-4%), which has led to competition for skilled talent.
Understanding awards, correctly classifying employees, and complying with strict record-keeping and payslip requirements are vital for any employer.