Company Registration and Business Structures

Setting a business up in the right structure — and completing the ASIC, ABN and tax registrations properly — so the foundation does not have to be rebuilt later.

ASIC
Company registration
ACN + ABN
Both arranged
Structure first
Then the paperwork
Modern commercial office building

Structure is the decision people spend the least time on and live with the longest. Sole trader, partnership, company and trust each differ in how profits are taxed, how liability is carried, how easily ownership can change, and how much administration they demand every year afterwards. The cheapest option to set up is frequently not the cheapest option to operate, and changing structure later can trigger tax and legal consequences that did not exist at the start.

Registering a company with ASIC produces an Australian Company Number, and that is only the first step. The entity still needs an ABN, and depending on what it does, registrations for GST, PAYG withholding and other obligations. Getting the registration set right also means the details that are tedious to change later — registered office, officeholders, share structure — are correct from the beginning.

What setup involves

  • Structure discussionWorking through how the options differ for your circumstances in terms of tax treatment, liability, ownership flexibility and ongoing cost.
  • ASIC company registrationRegistering the company, including name availability, share structure, officeholders and registered office details.
  • ABN and tax registrationsAustralian Business Number, and the tax registrations the entity actually needs based on what it will do.
  • Constitution and governing documentsEnsuring the entity has appropriate governing documents in place rather than a default nobody has read.
  • Registration of trading namesWhere the entity will trade under a name different from its registered name, registered correctly against the right entity.
  • Opening obligations briefingA plain explanation of what the new entity now has to lodge and when, so the first year does not create a backlog.
Company registration documents being prepared

Who this suits

People starting a new business. Where the structure is still an open question and the decision is worth making deliberately rather than defaulting to a sole trader ABN.

Sole traders considering incorporation. Where the business has grown, the risk profile has changed, or a customer or insurer now requires a company.

Businesses adding an entity. Where a new venture, a partner or an asset-holding arrangement means the existing single entity no longer fits.

How registration runs

1

Understand the business

What it does, who owns it, what risk it carries and what it is likely to look like in a few years. Structure follows from that.

2

Compare the options

The realistic alternatives are set out with their tax, liability and administrative consequences, so the choice is informed.

3

Register

The entity is registered with ASIC and the necessary ABN and tax registrations are completed and confirmed.

4

Hand over the obligations

You receive the registration documents and a clear statement of the ongoing lodgement and record-keeping obligations that now apply.

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What this page covers — and what sits elsewhere

Where a trust forms part of the structure, the ongoing obligations that follow are covered under trust accounting and setup. Where the structure question is really a question about where the business is heading, it usually belongs in a wider business advisory conversation first.

Common questions

Is a company always better than a sole trader?
No. A company adds limited liability and can suit businesses carrying real risk or planning to bring in other owners, but it also adds annual cost, separate lodgement obligations and rules about how money can be taken out. For a small, low-risk operation those obligations can outweigh the benefit. It is a decision that turns on circumstances, not on a general rule.
What is the difference between an ACN and an ABN?
An Australian Company Number is issued by ASIC when a company is registered and identifies the company as a legal entity. An Australian Business Number is issued through the Australian Business Register and identifies an entity in its dealings with the ATO and other businesses. A company will normally have both; a sole trader has an ABN and no ACN.
Can I change structure later if I get it wrong?
It is possible, and it happens, but it is rarely free. Moving assets or a business between entities can trigger tax consequences, including capital gains tax, and may require new agreements, registrations and banking. That is the whole argument for spending time on the decision at the start rather than defaulting to whatever is quickest.

Speak to a chartered accountant

Tell us what you need and we’ll let you know whether we can help, what it involves and what it costs — before you commit to anything.

General information only. This page describes services provided by DKD Accounting and is general in nature. It does not take account of your objectives, financial situation or needs, and it is not tax, legal or financial product advice. Rates, thresholds and caps change — always confirm current figures with the ATO or speak to us about your circumstances.