How to go from sole trader to company structures
If youβve decided that going from a sole trader to a company is right for you, youβll need to complete a few important steps to set up your new structure. Here, weβll cover what to register and update. Work through each step carefully, and seek legal and financial advice when you need it.
1. Notify ASIC and get your Australian Company Number (ACN)
The first step is to obtain an ACN (Australian Company Number) by applying for incorporation on the ASIC website. To confirm your restructure from sole trader to company, simply lodge the required form and pay a fee.
2. Register your company name and ABN
Once your business is incorporated, register your company name and apply for a new ABN (Australian Business Number) via the Australian Business Register. You canβt reuse your sole trader ABNβcancel it, then register for any required taxes (e.g. GST and PAYG).
3. Open a business bank account
Itβs important to keep your business bank account separate from your personal account. It keeps your bookkeeping easy and makes it simple to stay compliant. Some benefits of having a business account include:
- Clear records: Keep personal and company money distinct for cleaner records, easier audits, and fewer errors.
- Simpler bookkeeping: Track revenue and reporting obligations with less admin.
- Added credibility: Look more professional to clients and lenders.
4. Establish governance, shares, and reporting structures
The next step is to create the framework for how your company operates.
- Decide on share classes and issue shares
- Appoint directors
- Document shareholder agreements
- Set up a decision-making processes
Itβs also a good idea to establish meeting schedules and record-keeping systems from the start, so itβs clear who is responsible for each area of running the company.
5. Update all business details and documents
All of your business details and documents must reflect the company entity. Hereβs a quick checklist:
- Identity details: Company name, address, ABN, and ACN on your website, stationery, email signatures, and listings.
- Commercial documents: Contracts, invoices, and quotes.
- Licences and registrations: Shift policies, licences, and registrations from you as a sole trader to the company.
6. Transfer assets and update contracts
Move relevant assets like equipment and IP from your name into the company. This can trigger tax consequences, so seek professional advice early.
7. Notify stakeholders and clients
Tell customers and lenders about the change from sole trader to company structure. Share the dates the switch will become effective, update payment information, and notify them of any updated terms. Clear communication is important at this stage to prevent payment delays and maintain trust.
8. Review and update insurance policies
Your level of risk changes under a company structure, so make sure your insurance policies are up-to-date. Review or set up:
- Liability insurance for directors.
- Workersβ compensation insurance if you employ staff.
- Business interruption insurance to protect cash flow.
9. Review financial and tax obligations
Company obligations are different to what you might be used to as a sole trader. Be sure to set up PAYG withholding for employees and prepare a company tax return in addition to any personal filings. Itβs important to stay compliant with ASIC and the ATO requirementsβremember, you could face significant penalties for reporting incorrectly.