Sole Trader vs Company vs Trust: Which Business Structure Is Right for You in Australia?

Quick Summary

Your business structure affects how much tax you pay, how well your assets are protected, and how easily you can grow or exit. Most Australians start as a sole trader and stay there longer than they should. This guide gives you a plain-English comparison of sole trader vs company in Australia, and where a trust fits in, so you can make the right call for your situation.

Business Structure & Tax Planning
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14 May 2026
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10 min read

Comparison of sole trader, company and trust business structures in Australia

Choosing the right business structure is one of the most impactful financial decisions an Australian business owner can make.

Why Your Business Structure Matters More Than Most People Think

The business structure you choose is not a technicality. It directly determines your personal tax rate, your personal liability if something goes wrong, how income can be split with family members, whether you can access CGT concessions on sale, and the compliance costs you carry every year.

Most people choose a structure based on what is easiest at setup, not what is optimal for where they are headed. That is fine at $50k revenue. At $300k or $1 million, the wrong structure can cost tens of thousands in avoidable tax annually.

Official Reference: The Australian Taxation Office provides guidance on business structures at ato.gov.au. If you are registering for the first time, the ATO’s overview is a useful starting point before speaking with an accountant.

If you are in the early stages, our Business Setup Services can help you get the right foundations in place from day one.

Sole Trader in Australia: Simple to Start, Limited to Scale

A sole trader is the simplest business structure in Australia. You operate under your own name (or a registered business name), and all business income flows directly to you as personal income. There is no separation between you and the business.

Pros

  • Cheapest and simplest to set up
  • Minimal compliance obligations
  • Direct access to all income
  • No separate tax return required
  • Losses can offset personal income

Cons

  • Unlimited personal liability
  • Taxed at personal marginal rates (up to 47%)
  • No income splitting with family
  • Limited CGT concession flexibility
  • Perceived as less credible by some clients

Sole Trader Tax: The Tipping Point

Once your taxable income exceeds approximately $120,000 to $135,000 as a sole trader, you are paying 37 to 47 cents in tax on every additional dollar earned. Switching to a company or trust structure at this point can reduce your effective tax rate significantly.

Company Structure: Tax Benefits and Limited Liability

A company is a separate legal entity. It can enter contracts, own assets, employ staff, and incur liabilities in its own name, separately from the shareholders and directors. This is the key advantage over a sole trader.

Pros

  • Limited liability protection
  • Flat company tax rate (25 to 30%)
  • Retained earnings taxed at company rate
  • Easier to bring in investors or partners
  • Franking credits on dividends

Cons

  • More expensive to set up and maintain
  • Directors still personally liable in some cases
  • Profits must be paid as salary or dividends
  • No CGT discount (50%) at company level
  • More compliance and reporting requirements

Company Tax Rate vs Personal Tax Rate

Companies with aggregated annual turnover under $50 million pay a base rate of 25% company tax in FY2026. Larger companies pay 30%. Compare that to personal marginal rates of 37% on income from $135,000 to $190,000 and 45% above $190,000. For businesses retaining profits for reinvestment, the company structure offers a clear tax advantage.

Our team handles all the paperwork. Learn more about our Company, Trust and SMSF Setup Service for a seamless, compliant registration process.

Accountant explaining LRBA Limited Recourse Borrowing Arrangement structure to SMSF client

A Chartered Accountant can identify the most tax-effective structure for your revenue level and growth plans.

Trust Structure: Flexibility, Income Splitting, and Asset Protection

A discretionary (family) trust is the most flexible structure for Australian small business owners with family members. The trustee has discretion each year over how to distribute trust income among beneficiaries, which allows income to be split in a tax-effective way among family members in lower tax brackets.

Pros

  • Income splitting across family members
  • Strong asset protection if structured correctly
  • CGT discount (50%) available to individuals
  • Flexibility in annual distribution decisions
  • Effective for estate planning

Cons

  • Cannot retain profits, all income must be distributed
  • More complex and costly to administer
  • Losses cannot be passed to beneficiaries
  • Trust deed must be carefully structured
  • Increased ATO scrutiny on distributions

Comparison Table: Sole Trader vs Company vs Trust

Sole Trader Company (Pty Ltd) Discretionary Trust
Setup Cost ~$100 to $300 ~$800 to $1,500 ~$1,500 to $3,000
Annual Compliance Low Medium to High Medium
Tax Rate Personal (up to 47%) 25 to 30% flat Distributed at beneficiary rate
Income Splitting No Limited (dividends) Yes, full flexibility
Liability Protection None Yes (limited liability) Yes (if structured correctly)
CGT Discount (50%) Yes No Yes (via individual beneficiaries)
Retained Earnings No (personal income) Yes No (must distribute annually)
Best For Freelancers, low-income businesses Growth businesses, investors Family businesses, asset holding

Good to know: The right structure for your business today may not be right in three years. Reviewing your structure annually is part of good financial management.

Which Business Structure Should I Use in Australia?

Here is a practical decision guide based on your situation:

Under $80k revenue, no employees

Sole trader. Keep it simple and cheap.

$80k to $200k revenue, growing

Consider a company, especially if you want to retain profits or bring in investors.

$200k+ revenue, family involved

A discretionary trust (often with a corporate trustee) gives the most flexibility for income splitting and asset protection.

Planning to sell the business

A trust structure often allows the CGT 50% discount to flow through to individual beneficiaries, which can save a substantial amount on sale.

Important: Restructuring later is possible but can trigger CGT events and stamp duty depending on the assets involved. Getting the structure right early is significantly cheaper than fixing it later.

Not sure which applies to you? Our Taxation and Accounting Services include annual structure reviews for growing businesses across Sydney.

Business Structure Setup and Advice from Chartered Accountants

We have set up hundreds of sole trader conversions, companies, and trust structures for Australian businesses. We do not recommend a structure based on what is easiest to set up. We recommend what is optimal for your tax position, asset protection needs, and growth plans.

If you are uncertain whether your current structure still makes sense, a structure review is one of the best-value advisory engagements we offer.

Chartered Accountants ANZ
Structure Specialists
Company & Trust Setup
Tax Planning Experts
Sydney Based

Frequently Asked Questions

What is the difference between a sole trader and a company?
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A sole trader and the business are the same legal entity. The owner is personally liable for all business debts. A company is a separate legal entity with its own ABN, tax file number, and ASIC registration. Shareholders have limited liability, and the company is taxed at a flat rate (25 to 30%) rather than the owner’s personal marginal rate.

Is it better to be a sole trader or a company for tax purposes?
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At lower income levels (below approximately $80,000), a sole trader typically pays less tax because the personal tax rate is below the company rate. Once income exceeds $120,000 to $135,000, the company’s flat 25% rate becomes more tax-efficient. A discretionary trust can be even more effective by splitting income across family members in lower tax brackets.

Which structure is right for me: sole trader, company, or trust?
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It depends on your revenue level, risk exposure, family situation, and growth plans. Sole trader is best for very small, low-risk businesses. A company suits growth-focused businesses wanting to retain profits or reduce personal liability. A discretionary trust is most flexible for family businesses, asset protection, and income splitting. Many businesses use a combination, such as a trust operating through a company trustee.

What is a discretionary (family) trust?
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A discretionary (family) trust is a structure where a trustee holds assets or runs a business on behalf of beneficiaries. The trustee has discretion each year to decide how to distribute income among the beneficiaries. This allows income to be directed to family members in lower tax brackets, reducing the overall family tax bill legally.

How much does it cost to register a company in Australia?
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Registering a company with ASIC costs $597 for a standard proprietary limited company (as of 2026). Accounting for professional fees to set up the company constitution, shareholders agreement, and ABN/TFN/GST registration, total setup costs typically range from $800 to $2,000 depending on the provider.

Can I change from a sole trader to a company later?
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Yes, but there are tax and legal implications. When you transfer business assets from your sole trader operation to a new company, CGT events may be triggered, although rollover relief may be available in some circumstances under the small business CGT concessions. It is important to plan the transition carefully with an accountant to minimise the tax cost.

What are the main benefits of a company over a sole trader?
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The main benefits of a company over a sole trader are: limited liability protection for directors and shareholders, access to the flat company tax rate (25 to 30%), the ability to retain and reinvest earnings at a lower tax rate, greater credibility in certain industries, and the ability to issue shares to bring in partners or investors.

Which provides better asset protection: a company or a trust?
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Both provide better protection than a sole trader, but in different ways. A company provides limited liability. Creditors generally cannot pursue the personal assets of shareholders. A discretionary trust can protect assets by holding them separately from the operating business. If the business is sued, trust assets may be quarantined. Many business owners use a trust to own assets and a company to operate the business for maximum protection.

Get the Right Business Structure From Day One

Talk to our Chartered Accountants about whether your current structure is still serving you, or costing you. A structure review is one of the most impactful engagements we offer.

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