Corporate Compliance

We are registered agents with the Australian Securities and Investments Commission (ASIC). Our firm provides annual and ongoing company services to Directors and Shareholders to ensure our clients comply with the Corporations Law (Corporations Act 2001).
We can also assist with business name registrations, renewals and company de-registrations.

We are registered agents with the Australian Securities and Investments Commission (ASIC). Our firm provides annual and ongoing company services to Directors and Shareholders to ensure our clients comply with the Corporations Law (Corporations Act 2001).
We can also assist with business name registrations, renewals and company de-registrations.

Choosing your Business Structure

Posted on by admin

 

Business structures

There are a number of structures that you can choose from when starting or expanding your business.

Four main structures

The four main business structures commonly used by small businesses in Australia are:

  • Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business.
  • Company: a legal entity separate from its shareholders.

Read about the differences between a sole trader and a company to understand the tax differences, your potential personal liability and the legal obligations when employing people.

  • Partnership: an association of people or entities running a business together, but not as a company.
  • Trust: an entity that holds property or income for the benefit of others.

Choosing a structure

When deciding on a structure for your business, choose the one that best suits your business needs, keeping in mind that there are advantages and disadvantages for each structure.

It’s important to investigate each option carefully, as choosing your business structure is an important decision.

Your business structure can determine:

  • the licenses you require
  • how much tax you pay
  • whether you’re considered an employee, or the owner of the business
  • your potential personal liability
  • how much control you have over the business
  • ongoing costs and volume of paper work for your business.

You can change your business structure throughout the life of your business. As your business grows and expands, you may decide to change your business structure, or to restructure your business.

Obtaining legal or other professional advice can help you understand your own particular circumstances. Speak to your accountant, or search Advisory Services to find a business adviser, when deciding on your business’s structure and type. It is important to determine your business structure and business type before you register a business or company as the steps may differ.

Not sure which business structure to use?

Our Help me decide tool can help you work out the business structure that best suits your needs. All you need to do is answer a few questions about your business.

Once you’ve decided on your business structure, the tool can also help you work out which business and tax registrations you’ll need.

We need your help! If you use this tool, please give us your feedback so we can make it even better!

Help me decide

Other considerations and assistance

Before you make a decision it’s also important to consider the different legal, operational and business requirements for each industry you are considering.

To ensure you choose the right structure and type of business, consider talking to a professional business advisor, accountant or solicitor for advice. Search Advisory Services for your nearest government-funded business advisor.

State governments can also help you with information and guidance on assessing business opportunities.

What to do…

 

The four main business structures commonly used by small businesses in Australia are compared below.

Business Structures
Is the structure difficult to set up?
No
No
Yes
Yes
Is it expensive to register?
No
No
Yes
Yes
Do I retain complete control?
Yes
No
No
No
Are there complex reporting requirements?
No
No
Yes
Yes
Will my assets (house etc…) be under threat if my business goes into debt?
Yes
Yes
Not as likely
Not as likely
Do I receive full profits made from the business?
Yes
No
No
No
Can I employ staff?
Yes
Yes
Yes
Yes
Do I have to pay myself superannuation, workers comp etc.?
No
No
Yes
(if employed by the company)
Yes
(if employed by the company)
Can I change the legal structure easily?
Yes
No
No
No
Do I have the ability to plan tax through avenues like income splitting?
No
Yes
Yes
Yes
Is it easy to raise capital?
No
Yes
Yes
Yes
Is it easy to dissolve or exit?
Yes
Yes
Yes
No

More information