Ready to go out on your own<\/a> but not sure which business structure<\/a> to choose? This sole trader vs company cheat sheet explains the major differences between two of the most common business structures.<\/em><\/p>\n From the legal implications to your reporting requirements, ongoing costs and how you\u2019ll be taxed, here are some key things you should know before you decide whether to start a business<\/a> as a sole trader or as a company.<\/p>\n A sole trader is the simplest business structure, and therefore the easiest and quickest to set up. When you own and operate a business as a sole trader, you and your business are considered a single entity.<\/p>\n A company<\/a>, on the other hand, is a separate legal entity. Requiring at least one shareholder (owner) and one or more directors to make management decisions, it\u2019s a significantly more complex business structure. Even if you\u2019re the sole shareholder and director.<\/span><\/p>\n Understanding the differences between operating as a sole trader and operating as a company will help you decide which one is right for your business. Your accountant or business advisor can help you with this, too.\u00a0<\/span><\/p>\n To get started as a sole trader, you first need to obtain an Australian Business Number (ABN)<\/a>. Then, unless you plan to trade under your own name, you\u2019ll need to register a business name<\/a>.<\/span><\/p>\n Setting up a company, on the other hand, requires an Australian Company Number (ACN) as well as an ABN. To receive your ACN, you must register your company with the<\/span> Australian Securities and Investments Commission<\/span><\/a> (ASIC).<\/span><\/p>\n A registered business name is also necessary if you don\u2019t wish to trade under your company\u2019s legal name.<\/span><\/p>\n While separate business bank accounts are advised \u2013 but not required \u2013 for sole traders, they\u2019re mandatory for companies.<\/span><\/p>\n Any sole trader or company expecting to make total revenue of $75,000+ in the first year in business should also <\/span>register for Goods and Services Tax<\/span><\/a> (GST)<\/a>.<\/span><\/p>\n With more complex business structures come higher set-up costs, and most of the registrations above require an initial outlay.<\/span><\/p>\n Sole trader and company set-up fees:<\/b><\/p>\n Once established, a company is more costly to run.<\/span><\/p>\n With greater compliance requirements and more paperwork, accounting fees are higher. Subject to annual review by ASIC, you\u2019ll also pay an annual review fee of $310 (as a proprietary company).<\/span><\/p>\n Closing a company is also more involved. As a sole trader, you\u2019re required to cancel your ABN and business name within 28 days of ceasing trading.<\/span><\/p>\n If winding up a company, you must pay a small fee ($47) to<\/span> formally deregister<\/span><\/a>. You\u2019ll also need to clear any outstanding amounts with ASIC before applying.<\/span><\/p>\n As a sole trader, you\u2019re single-handedly responsible for making day-to-day business decisions. You can also withdraw money from the business for any reason at any time.<\/span><\/p>\n On the flip side, you\u2019re legally responsible for any debts or losses incurred. If the business is in trouble, your personal assets may come under threat.<\/span><\/p>\n In a company, your degree of control depends on the structure in place, and whether you\u2019re the sole director. Additionally, under the Corporations Act of 2001, certain decisions can only be made by<\/span> passing a company resolution<\/span><\/a>.<\/span><\/p>\n The business\u2019s income belongs to the company. Therefore, while they may receive wages, a salary or dividends, no individual can take money from the business as \u2018personal drawings\u2019.<\/span><\/p>\n There is a division between personal and business assets and, as a rule, the company is liable for business debts. In some cases, however, directors can be personally liable.<\/span><\/p>\n READ THIS NEXT: How long does it take to get a tax return?<\/a>.<\/strong><\/em><\/p>\n A big difference between sole trader and company arrangements lies in taxation. As a sole trader, you\u2019re taxed as an individual, meaning you report your business income in your personal tax return<\/a>.<\/span><\/p>\n You use your individual tax file number (TFN) to lodge a single tax return each year, and are taxed at personal income tax rates.<\/span><\/p>\n Companies must lodge an annual company tax return. They pay tax on any profits at the full rate of 30 percent, or lower company tax rate of 25 percent. Shareholders and directors also lodge a personal return and pay tax on dividends\/earnings at the individual tax rate.<\/span><\/p>\n READ THIS NEXT: How to prepare a Profit and Loss (P&L) statement<\/a>.<\/strong><\/em><\/p>\n There are a few circumstances under which a sole trader would consider trading under a company structure.\u00a0<\/span><\/p>\n Sole traders are taxed as individuals and individual marginal tax rates can go as high as 45 percent. However the full company tax rate (as at 11 December 2024) is 30 percent. So in instances where you could pay less tax by operating as a company, your business advisor may recommend that you do so.\u00a0<\/span><\/p>\n Other tax benefits afforded to companies but not sole traders are travel allowances and research and development tax offsets.\u00a0<\/span><\/p>\n There may also be commercial or legal reasons that trading as a company would be advantageous. If you\u2019re planning to scale your business, taking on investors or large clients will be easier if your business is a company.\u00a0<\/span><\/p>\n And while you\u2019re scaling, a company structure can provide some legal protection \u2013 sole traders are one with their business, but companies are completely separate legal entities. Your legal advisor will help you weigh up the pros and cons.\u00a0<\/span><\/p>\n READ THIS NEXT: What is employee cost and how do you minimise it?<\/a>.<\/strong><\/em><\/p>\n Both sole traders and companies can have employees, and there are pros and cons for each structure. The structure most suitable for you will depend on the kind and size of business you\u2019re building.<\/span><\/p>\n Want to make some changes in 2025? MYOB\u2019s shiny new Solo app<\/a> is designed for sole traders, with all kinds of time-saving, stress-busting functions. Send quotes and invoices, charge clients when you\u2019re out and about, send automatic invoice reminders, track expenses, collate tax details, and check your monthly income \u2014 it\u2019s all there in one handy, user-friendly app.<\/p>\n Want to see Solo in action? Try it for FREE.<\/strong><\/a><\/p>\n Information provided in this article is of a general nature and does not consider your personal situation. It does not constitute legal, financial, or other professional advice and should not be relied upon as a statement of law, policy or advice. You should consider whether this information is appropriate to your needs and, if necessary, seek independent advice.\u00a0This information is only accurate at the time of publication. Although every effort has been made to verify the accuracy of the information contained on this webpage, MYOB disclaims, to the extent permitted by law, all liability for the information contained on this webpage or any loss or damage suffered by any person directly or indirectly through relying on this information.<\/em><\/p>\n<\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":" Ready to go out on your own but not sure which business structure to choose? This sole trader vs company cheat sheet explains the major differences between two of the most common business structures. From the legal implications to your reporting requirements, ongoing costs and how you\u2019ll be taxed, here are some key things you […]<\/p>\n","protected":false},"author":1,"featured_media":49405,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11759],"tags":[3619,20118,1088,1339,11048],"dealstore":[],"offerexpiration":[],"class_list":["post-49404","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-accounting","tag-company","tag-differences","tag-key","tag-sole","tag-trader"],"yoast_head":"\nKey differences between sole traders and companies:<\/b><\/h4>\n
What is a sole trader?<\/h2>\n
What is a company?<\/h2>\n
![\"Solo](\"https:\/\/pulse-uploads.myob.com\/uploads\/2024\/11\/MYOB_Solo-1-1024x439.jpg\")
<\/figure>\nSole trader vs company: Key differences<\/h2>\n
Starting as a sole trader is more straightforward<\/h3>\n
Companies have higher set-up, operating and accounting costs<\/h3>\n
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![\"Solo](\"https:\/\/pulse-uploads.myob.com\/uploads\/2024\/11\/MYOB_Solo-7-1024x439.jpg\")
<\/figure>\nSole traders have more control, but more liability<\/h3>\n
Sole traders are taxed as individuals<\/h3>\n
![\"Solo](\"https:\/\/pulse-uploads.myob.com\/uploads\/2024\/11\/MYOB_Solo-4-1024x366.jpg\")
<\/figure>\nWhen should a sole trader consider becoming a company?<\/h2>\n
1. Tax reasons<\/h3>\n
2. Commercial and legal reasons<\/h3>\n
Is it better to be a sole trader or a company?<\/h2>\n
Turn your sole trader dreams into reality with Solo by MYOB<\/h2>\n
![\"Solo](\"https:\/\/pulse-uploads.myob.com\/uploads\/2024\/11\/MYOB_Solo-8-1024x366.jpg\")
<\/a><\/figure>\n
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