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.
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14 May 2026
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10 min read
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.
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.
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.
Structure Specialists
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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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