and does not constitute financial, tax or legal advice. Always consult a The question of whether to operate as a sole trader or set up a company is one that comes up regularly for growing tradies. Both structures have genuine advantages. The right choice depends on your income level, your
and does not constitute financial, tax or legal advice. Always consult a
The question of whether to operate as a sole trader or set up a company
is one that comes up regularly for growing tradies. Both structures have
genuine advantages. The right choice depends on your income level, your
risk exposure, your growth plans, and your personal circumstances.
There's no universal answer, but there are clear principles that should
guide the decision.
This guide explains the key differences between sole trader and company
structure for Australian tradies, with a focus on the tax and financial
implications that matter most.
How Sole Trader Tax Works
As a sole trader, your business income is your personal income. You
lodge a single individual tax return each year that includes your
business income and expenses. You pay tax at the individual marginal tax
rates, which in 2025-26 are 0% up to $18,200, 19% from $18,201-$45,000,
32.5% from $45,001-$135,000, 37% from $135,001-$190,000, and 45% above
$190,000 (plus the Medicare levy of 2%).
Sole traders can access the small business income tax offset (up to
$1,000 per year) and are eligible for the instant asset write-off for
business assets. The administrative simplicity of sole trader structure
-- one tax return, no corporate compliance -- is a genuine advantage for
many tradies.
How Company Tax Works
A company is a separate legal entity. It pays the company tax rate --
currently 25% for companies with aggregated turnover under $50 million
(the base rate entity rate). A tradie operating through a company
doesn't pay personal income tax on company profits directly -- instead,
the company pays tax on its profits, and when you draw money out as a
dividend, you get a franking credit for the tax already paid.
The immediate tax advantage of a company is when company profits exceed
what you need to draw for personal living. At $120,000 of taxable
income, a sole trader pays 32.5% marginal tax. A company pays 25%. That
7.5% difference on $120,000 is $9,000 per year -- real money that can be
reinvested in the business or retained for a specific purpose.
The Personal Liability Difference
As a sole trader, you are personally liable for all business debts and
obligations. If a job goes wrong and you face a significant liability
claim, your personal assets -- your house, your savings -- are at risk. A
company, as a separate legal entity, limits your liability to what's in
the company. Creditors can't easily reach your personal assets.
In practice, this liability protection has limits. Most lenders require
personal guarantees from directors of small companies, meaning your
personal liability isn't fully eliminated when borrowing. And as a
working director, you may still have personal obligations for certain
types of company debts (like PAYG withholding liabilities). But for
general trade business liability, the company structure does offer
meaningfully more protection.
When a Company Makes Sense for a Tradie
For most tradies, a company starts to make financial sense when taxable
profit consistently exceeds $100,000-$120,000 per year. Below that
threshold, the tax advantage of the lower company rate is often
outweighed by the higher setup and ongoing compliance costs.
Compliance costs for a company include: annual ASIC fees ($310 for a
proprietary company in 2025-26), separate company tax return (additional
accountant fees of $500-$1,500 or more per year), and potentially more
complex bookkeeping requirements.
At $80,000 of profit, the tax saving is modest and the extra compliance
cost probably negates it. At $150,000 of profit, the tax saving is
substantial and the company structure is worth considering seriously.
Paying Yourself Through a Company
In a company structure, you typically pay yourself in one or more ways:
a salary as an employee-director (wages are a deductible company
expense), dividends from company profits, or a directors' fee. Getting
the mix right -- balancing salary (which you pay PAYG and super on) with
dividends (which carry franking credits but no super) -- requires tax
planning.
The most common approach for a tradie-director is to pay themselves a
market-rate salary that covers personal living expenses, with any
additional company profit either retained in the company or distributed
as franked dividends. Your accountant should be advising you on this
annually.
The Trust Alternative
A discretionary trust (family trust) is a third structural option that
many tradie accountants recommend in preference to a company,
particularly for established businesses with family members who can
receive trust distributions. A trust offers flexible income splitting --
distributing profits to family members on lower tax rates -- which can
reduce the family's total tax bill significantly.
Trusts are more complex to administer than sole trader or company
structures and require proper setup and ongoing management. They are,
however, one of the most tax-effective structures for a tradie whose
spouse earns less than they do and whose business is generating
consistent profit.
GST: The Same Regardless of Structure
GST registration and BAS obligations are the same regardless of whether
you operate as a sole trader, company or trust. Once your turnover
exceeds $75,000, you must register for GST and lodge BAS regardless of
your structure. This shouldn't be a factor in your structural decision.
Changing Structure: What's Involved
Moving from sole trader to company structure isn't just an
administrative change -- it has tax and legal implications. Assets owned
by you personally need to be transferred to the company. Contracts may
need to be novated (transferred). You'll need a new ABN and TFN for the
company, new bank accounts, and updated invoicing and marketing
materials.
Done correctly with the right tax planning -- particularly around the CGT
small business concessions and the Division 7A rules for company loans --
restructuring can be done without significant tax cost. Done without
advice, it can trigger unexpected tax bills. This is a decision that
absolutely requires input from a qualified accountant.
The Bottom Line
Most tradies starting out are best served by sole trader structure --
simple, cheap, and appropriate for lower income levels. As your business
grows and your profits consistently exceed $120,000, a company or trust
structure is worth serious consideration. The tax savings at higher
income levels are substantial and compound over time.
Talk to your accountant before making any structural change. The right
answer depends on your specific numbers, your family situation, your
assets, and your plans for the business. This is not a decision to make
based on what your mate down the road did -- get proper advice for your
specific situation.
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