A sole trader is the simplest Australian business structure: one person owns and runs the business, keeps the profits, and is personally liable for its debts.
Also known as: sole proprietor, sole proprietorship
Key points
- You and the business are the same legal entity, so business debts and legal claims can be enforced against your personal assets.
- Business profit goes into your personal tax return and is taxed at your marginal rate; there is no separate company tax return.
- You need an ABN to trade, a registered business name if not trading under your own name, and GST registration above the threshold.
- It suits low-risk, owner-operated businesses; if you plan to scale, hire many staff or seek investors, compare a company or trust.
How a sole trader works
A sole trader has no separate legal identity: you and the business are the same for contracts and debts. You make the decisions, receive all profits after tax, and can draw funds as needed without formal salary arrangements. Set-up and administration costs are lower than for a company or trust, and there are no director obligations or separate company return, though a business loss can generally be offset against other personal income subject to the non-commercial loss rules, which set income and activity tests.
The trade-off is unlimited personal liability. If the business cannot pay its debts, leases or legal claims, creditors can pursue your personal assets. Some suppliers, customers and lenders also prefer a company structure for larger contracts, raising equity is harder, and as profits grow personal marginal rates may exceed the company tax rate.
Tax, GST and reporting obligations
Your ABN identifies the business to customers and suppliers; your TFN is for your personal tax return, where business profit is added to your other income and taxed at your marginal rates. You must register for GST once your GST turnover reaches the ATO threshold. Once registered you add GST to taxable sales, claim credits for GST paid on business purchases, and lodge a BAS monthly or quarterly.
The BAS reports GST, PAYG withholding and instalments; it does not replace your annual tax return. If you employ staff you withhold PAYG from wages, report through Single Touch Payroll and pay the Superannuation Guarantee for eligible employees, although you are not required to pay super to yourself. Keep invoices, receipts and bank statements for at least five years, and keep business and personal bank accounts separate.
Setting up and when to change structure
Setting up is quick: check the licences and permits your trade needs, apply for an ABN through the Australian Business Register, register a business name with ASIC if you need one, open a business bank account and arrange insurance such as public liability, professional indemnity and workers' compensation if you employ staff. Put cloud accounting in place early for invoicing, GST and BAS, and register for PAYG withholding before you hire.
Because your personal assets are exposed, insurance is your main protection layer alongside clear contracts. Talk to an accountant about moving to a company or trust when profits grow, a customer or contract requires limited liability, you want to raise capital or take on investors, you are hiring many employees, or you want to split income among family members or partners.
Example
A self-employed electrician registered for GST invoices a customer $1,100 including GST. The $100 of GST is payable on her next BAS, and she can claim GST credits on eligible business purchases in the same statement. At the end of the financial year her business profit goes into her personal tax return with any other income and is taxed at her marginal rate. If she takes on an apprentice, she registers for PAYG withholding, pays the Superannuation Guarantee and takes out workers' compensation insurance.
Not to be confused with
- Company
- a company is a separate legal entity whose shareholders have limited liability, at the cost of higher compliance and reporting obligations
Frequently asked questions
Do sole traders pay GST?
Only once registered. You must register for GST when your GST turnover reaches the ATO's current GST registration threshold. Once registered you charge 10% GST on taxable sales, claim credits for GST paid on business purchases and lodge a BAS monthly or quarterly. Check the ATO for the current threshold.
How do I register as a sole trader?
Apply for an ABN through the Australian Business Register, then register a business name with ASIC if you will trade under anything other than your own name. Check the licences and permits your industry requires, open a separate business bank account, arrange insurance and set up bookkeeping before you start invoicing.
Can a sole trader employ staff?
Yes. Being a sole trader does not stop you hiring. If you take on employees you must register for PAYG withholding, report through Single Touch Payroll, pay the Superannuation Guarantee for eligible employees, hold workers' compensation insurance and comply with workplace health and safety laws. Genuine contractors are treated differently, so classify workers carefully.
When should I change from sole trader to a company?
Consider it when profits grow to the point where personal marginal rates cost more than the company rate, when a customer or contract requires limited liability, when you want to bring in investors, or when you are hiring many staff. Get advice from an accountant before switching, because the change affects tax, reporting and the transfer of assets.
How can I finance growth as a sole trader?
Sole traders can use invoice finance, equipment finance, secured business loans and small business loans. Lenders will want organised financials, usually 12 to 24 months, so keep your bookkeeping current and your business and personal accounts separate. Compare the total cost and terms across lenders before you commit.
Related terms
Company
A company is a separate legal entity, formed under the Corporations Act 2001, that can own property, borrow and be sued in its own name, independently of its shareholders.
Read definitionPartnership
A partnership is a business structure in which two or more people or entities carry on a business together with a view to profit, sharing profits, losses and liabilities.
Read definitionTrust
A trust is an arrangement in which a trustee holds legal title to assets and manages them for the benefit of beneficiaries under a trust deed.
Read definitionUnincorporated business
An unincorporated business is a business that has no separate legal personality, so its owners contract in their own names and are personally liable for its debts.
Read definitionGoods and services tax (GST)
Goods and services tax (GST) is a broad-based 10% tax on most goods and services sold in Australia, which registered businesses collect on sales and pay to the ATO.
Read definitionLiability
A liability is a legal responsibility to pay money or answer for a loss; in accounting, a present obligation to transfer an economic resource, shown on the balance sheet.
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Sources
This article is general information only and is not financial advice.