Quick answer
A sole trader is personally responsible for the business and pays tax at individual marginal rates with the personal tax-free threshold. A company is a separate legal entity with no tax-free threshold; the ATO lists a 25% rate for base rate entities and 30% otherwise in 2025–26. Companies can offer more protection and tax flexibility but cost more to run, and money taken out has to follow set rules.
Key points
- Sole trader: simple and cheap, but you're personally liable and taxed at your marginal rate.
- Company: separate legal entity, flat company tax rate, more admin and cost.
- In a company, the business's money isn't your money — wages, dividends and loans follow rules.
- Lenders usually ask company directors for personal guarantees anyway.
“Should I be a company?” is one of the first money questions owners ask their accountant, and one of the most misunderstood. It’s not purely a tax question. Structure changes who owns the money, how you get paid, what happens if things go wrong and how you borrow.
What’s the core difference?
business.gov.au puts it plainly: a sole trader is legally responsible for all aspects of the business, while a company is a legal entity separate from you. Everything else flows from that.
| Sole trader | Company | |
|---|---|---|
| Legal status | You are the business | Separate legal entity |
| Income tax | Your personal marginal rates, with the tax-free threshold | Flat rate: 25% for base rate entities, 30% otherwise (2025–26) |
| Tax-free threshold | Yes (personal) | No — tax on every dollar of taxable profit |
| Liability | Personal | Generally limited, with director duties and exceptions |
| Paying yourself | Drawings — the profit is yours | Wages, dividends or both, under set rules |
| Super for owner | Voluntary | Required on wages paid to you as an employee |
| Set-up and running cost | Low | Higher: registration, annual review, accounting |
| Small business concessions | Available under $10m turnover | Available under $10m turnover |
Structure also shapes the paperwork. Companies lodge their own tax return, keep company records, and need to meet ASIC obligations each year, while directors still lodge personal returns. Budget for the extra accounting time when you compare the options, because it’s a real ongoing cost.
How is tax different in practice?
As a sole trader, your business profit is added to any other income and taxed at your marginal rate. At modest profits, the tax-free threshold and lower brackets can make this efficient.
A company pays tax on its taxable profit at a flat rate. The ATO lists 25% for base rate entities in 2025–26. Money is then taxed again in the owner’s hands when it’s paid out as a wage or a dividend — though franking credits on dividends reflect company tax already paid.
A company can make sense when profits are high enough that marginal rates would bite, and when you want to leave some profit in the business to fund growth. Capital gains rules also differ: business.gov.au notes companies generally can’t use the CGT discount available to individuals.
What changes about your money in a company?
This is where many new company owners trip up. The company’s money isn’t yours. You can’t simply transfer it to your personal account whenever you like. Owners generally take money out as:
- a wage — through payroll, with PAYG withholding and super;
- dividends — from profits, declared properly;
- loans — which must be documented and are subject to tax rules your accountant will explain.
Our feature on how to pay yourself walks through the options for each structure.
Thinking about restructuring as part of a growth plan that needs funding? Check what’s possible — there’s no credit check to enquire.
Does structure affect borrowing?
Less than people think. Lenders consider sole traders and companies alike. For a company, lenders usually ask directors for a personal guarantee, so the “limited liability” benefit is often reduced where business debt is concerned. What matters most:
- trading history and bank statement conduct;
- tax lodgements up to date, and any ATO debt explained;
- security, where available;
- the business plan and the owners’ experience.
When is it worth switching?
Signs it may be time to talk to your accountant about a company:
- profits are consistently high enough that your marginal rate is climbing;
- you want to retain profits in the business to fund growth;
- you’re taking on staff, bigger contracts or more risk;
- you’re bringing in a business partner or investor.
Signs to stay put: modest profits, a simple one-person business, and a preference for low admin. There’s no prize for complexity.
What does changing structure involve?
Moving from sole trader to company isn’t just a form. Typically it means:
- Registering the company with ASIC and getting a new ABN and tax registrations for it.
- Opening new business bank accounts in the company’s name.
- Transferring assets, contracts and staff — each with tax and legal consequences your accountant and lawyer will map out.
- Updating customers and suppliers — invoices, payment details, terms of trade and licences.
- Setting up payroll if you’ll pay yourself a wage, including super under Payday Super.
- Rethinking your tax set-aside, since the company pays tax at a flat rate on its profit — see how much to set aside for tax.
Timing matters. Many owners restructure at the start of a financial year to keep the books clean. Plan it with your accountant a few months ahead, and check how existing loans and leases will be handled. If you’re growing into a company as part of a bigger plan, our growth plan guide helps map the funding side.
Whatever the structure, fund the plan properly
Structure is a tool for growing safely. When the growth plan needs capital — equipment, a hire, a new site or a business purchase — the right funding makes it possible without starving day-to-day cash flow.
We consider sole traders, partnerships and companies for unsecured facilities typically from $5,000 to $500,000 and property-secured loans from $20,000 to $5,000,000. Enquiring doesn’t involve a credit check, we don’t circulate your details among other lenders, and a real person calls to understand your business. Answer the form accurately — structure, turnover, amount and purpose — so we can suggest the right fit first time.
Frequently asked questions
Do companies pay less tax than sole traders?
Sometimes. Companies pay a flat rate — 25% for base rate entities in 2025–26 — while sole traders pay marginal rates that rise with income. At higher profits a company can be more tax-effective, but the final result depends on how money is paid out to the owners.
Is a company safer than being a sole trader?
A company is a separate legal entity, which can limit personal liability. But directors have legal duties, can be personally liable in some situations (including certain unpaid tax and super), and are usually asked for personal guarantees when borrowing.
How do I pay myself from a company?
Usually through a wage (with PAYG withholding and super), dividends from profits, or a combination. Taking money out informally can trigger tax rules, so agree a method with your accountant.
Can I change from sole trader to company later?
Yes, many businesses start as sole traders and incorporate as they grow. Transferring assets and contracts has tax and practical consequences, so plan it with your accountant.
Which structure do lenders prefer?
Lenders lend to both. What matters more is trading history, bank statements, tax lodgements, security and the strength of the owners behind the business.