Starting a Business in Australia

Australia is known for a strong economy that offers a promising place for entrepreneurs and investors alike. Venturing into the Australian business landscape also demands thorough planning, an understanding of legal obligations, and being updated with market insights. 

Advantages of Starting a Business in Australia

Before we get into the details of starting a business in Australia, it is important to understand what’s in it for you. Let's dig into some key factors that make Australia a prime destination for starting a business.

1. Stable Economy: 

Australia boasts a strong and booming economy that consistently ranks among the world's best. Surpassing $1.5 trillion in GDP (according to the World Bank), Australia's economic strength is fortified by substantial annual investments from the government. Hence, Australia paints a promising picture for those looking to establish themselves in the Asia-Pacific region. 

2. Strategic Location: 

Situated in the Asia-Pacific region, Australia is a gateway to one of the world's rapidly expanding markets. Its proximity to Asia presents unique trade and investment prospects, including lower transportation costs and favorable time zones.

3. Skilled Workforce: 

Australia prides itself on a highly educated and skilled workforce. Thus, employers can access a talent pool of well-qualified professionals eager to contribute to the business.

4. Strong Legal Framework: 

Australia has a well-established legal system that ensures a transparent and dependable business environment. Consistently achieving high rankings in the World Justice Project's Rule of Law Index, this legal stability gives entrepreneurs the confidence to start a business. 

5. Cultural Diversity: 

Australia's cultural versatility fuels innovation and out-of-the-box thinking. Imagine having a diverse workforce with people bringing their own ideas to the table. This really becomes a game-changer, especially when you wish to expand your business across hemispheres. 

Business Types in Australia

Before starting a business in Australia, it is important to know about the different available business structures and ways to set it up. The business type decides how you'll pay taxes, what you're legally responsible for, and how much risk you'll have. Here are the main business types to choose from: 

1. Sole Trader: 

When you're a sole trader, you alone are in charge of everything in your business. This gives you complete control over everything, which is great. 

But here’s a downside: As a sole trader, you also take on personal responsibility for any debts and liabilities your business may accrue. 

This means that if your business faces any financial difficulties or losses, you might need to pay off those debts with your personal assets, like savings or property.

2. Partnership:

A partnership business happens when two or more people or groups team up to run a business together. Partners share the business's profits, losses, and work responsibilities in a partnership.  

It is a collaborative model where everyone has a say and contributes to making the business work. Also, partnerships are subjected to paying partnership taxes. 

3. Corporation or Company: 

A company, also known as a corporation, is like a separate legal entity apart from its owners, who are called shareholders. This separation is beneficial because the shareholder’s personal belongings, like savings and property, are safe from the company’s debts and legal problems.

4. Trust: 

A trust is a unique business model where someone called a trustee is in charge of looking after and handling assets for other beneficiaries. People use trusts for different reasons, like protecting wealth, managing investments, or sharing income among family members or specific people. In Australia, there are 5 common types of trusts: 

• Discretionary Trusts: The trustee has full power to decide how things will be done.
• Fixed Trusts: The trustee manages assets for beneficiaries in fixed percentages.
• Hybrid Trusts: A combination of discretionary and fixed trusts, often with mutual agreement.
• Testamentary Trusts: The trustee takes over after the death of a testator.
• Special Disability Trusts: These are used to support family members with disabilities by providing funds for their care. 

5. Franchise: 

You can run a franchise using someone else's well-known brand name and system when buying a franchise. Eventually, you benefit from the brand's reputation and a business model that's already been proven to work. However, there are certain things you have to do as laid out in the franchise agreements. 

6. Joint Venture: 

A joint venture is when two or more businesses come together to work on a specific project or venture. Joint ventures are typically time-bound and revolve around a specific purpose, making it a flexible way to achieve shared goals while reducing individual risks.

Choosing the right business structure is more important than you think. It affects your legal duties, tax liabilities, and personal responsibilities. To figure out which structure best suits your company’s goals, it’s advisable to consult professionals who specialize in legal and financial matters.

Steps To Start a Business in Australia

Starting a business in Australia involves several key steps. Let's simplify the process into a clear roadmap:

1. Business Idea and Planning:

• Start by developing a well-thought-out business idea. 
• Research the market, identify your target audience, and outline your business goals and strategies.
• Create a detailed business plan that includes financial projections, marketing strategies, and an operational framework.

2. Choose a Business Structure:

• Select the business structure for your venture: sole trader, partnership, company, etc.
• If you choose a company structure, register it with the Australian Securities and Investments Commission (ASIC).

3. Register Your Business:

• Register your business name with the Australian Business Register (ABR).

4. Taxation and Licenses:

• Get an Australian Business Number (ABN) for taxes.
• If your annual revenue is over AUD $75000, register for the Goods and Services Tax (GST). 
• Check if you need specific licenses based on your industry and location.

5. Finance and Funding:

• Secure funds for your business through savings, loans, grants, or investors.
• Open a separate business bank account. 

6. Location and Premises:

• Choose a suitable location for your business operations. 
• Consider factors like accessibility, target audience, and leasing options. 

7. Hiring and Employment:

• If your business needs employees, familiarize yourself with employment laws and regulations.
• Create employment contracts that follow fair employment practices.

8. Business Insurance:

• Protect your business from unforeseen risks by getting the right insurance coverage, like public liability insurance or professional indemnity insurance.

9. Marketing and Branding:

• Make a marketing plan to promote your products or services.
• Build a strong brand and establish an online presence through websites and social media platforms.

10. Seek Professional Advice:

• Throughout the process, seek legal, financial, and tax advice to stay compliant and financially sound.

Documents Required for Company Registration in Australia

To register a company in Australia, you must provide specific documents to the Australian Securities and Investments Commission (ASIC). Here's a checklist of the details and documents required:

1. Company Name: Choose a unique and acceptable company name. You can check the availability of your chosen name on the ASIC website.

2. Company Type: Determine the type of company you wish to register, such as a proprietary limited company (Pty Ltd) or a public company limited by shares.

3. Directors and Secretaries: Provide details of all directors and secretaries, including their full names, residential addresses, and dates of birth. 

At least one director must reside in Australia.

4. Shareholders: Include information about the company's shareholders, including the number of shares they hold.

5. Registered Office: Specify the company's registered office address, which must be a physical Australian address.

6. Company Constitution: Create rules for how your company will run. You can use ASIC's rules, a custom constitution, or replaceable rules.

7. Consent to Act as Director or Secretary: Directors and secretaries must provide written consent to act in their respective roles.

8. Application Fee: Pay the required application fee to ASIC. The fee varies depending on the type of company and method of submission.

9. Australian Company Number (ACN): If your name is approved, you'll receive an ACN. This number is used for business transactions and dealings with government agencies.

10. Tax File Number (TFN): Apply for your company's tax file number (TFN) if required for tax purposes.

Ensure everything is complete before you send your application to ASIC. Consider professional help if needed.

Timeline for Company Registration in Australia

The time it takes to register a company in Australia varies based on factors like how complicated your application is and how you submit it. Here's a basic idea of the process and how long it might take:

1. Name Reservation: Reserving your chosen company name takes 1 to 2 business days.

2. Preparation of Documents: Collecting and preparing documents, like director consent and the company constitution, can take several days to a week.

3. Application Submission: It takes ASIC 2 to 5 business days to process your application after you submit it. 

4. ACN and Certificate of Registration: After approval, ASIC gives you an ACN and a Registration Certificate within 1 to 2 business days.

5. Business Bank Account: You can set up your business bank account in a day or two after receiving your ACN and Certificate of Registration. 

6. Taxation and Compliance:  Register for taxes like GST if needed. Compliance requirements can vary, but staying current with your tax obligations is essential.

Remember, these timelines can change based on your situation and possible delays. Ensure your application and documents are right to speed up the process.

Setting up a Company vs. Partnering with an Employer of Record in Australia

Each approach has its own pros and cons. To help you make an informed decision, let's evaluate these two options based on key criteria:

Hire Talent in Australia Compliantly

Starting a business in Australia offers countless advantages. However, you need to understand the business rules in Australia, follow the right registration protocol, and stay compliant with Australian laws. 

Whether you are setting up your own company or partnering with an Employer of Record (EOR), careful planning and adherence to Australian regulations is non-negotiable. This can be a complex and time-consuming process.

By choosing Skaud as your EOR partner, you can avoid the complexities and compliance hurdles. Skuad’s platform is a one-stop solution for you, where you can easily hire, onboard, and pay international employees and contractors in over 160 countries, including Australia. This way, you can seamlessly build and manage globally distributed teams. 

Talk to our experts today! 

FAQs

1. How much does it cost to set up a business in Australia?

The cost of setting up a business in Australia varies depending on factors like your business structure, chosen location, and industry of business.

2. Do small businesses pay tax in Australia?

Yes, small businesses in Australia are also subject to taxation. However, the nature and extent of these taxes depend on the business structure and yearly revenue. Small businesses may find themselves liable for several common taxes, such as:

• Income tax
• Goods and Services Tax (GST)
• Payroll tax
• Fringe Benefits Tax (FBT)

3. What is taxable income in Australia?

Taxable income in Australia includes all income that individuals or businesses earn after deducting allowable expenses. This income can originate from diverse sources, including:

• Wages and salaries
• Business income
• Rental income
• Interest and dividends
• Government pensions and allowances