Overview of Each Structure
Sole Trader
A sole trader is the simplest structure—you and your business are legally the same entity. All income is taxed at your individual marginal tax rate, and you’re personally liable for business debts.
Company
A company is a separate legal entity. Profits are taxed at the company tax rate, and owners (shareholders) are taxed separately on any salary, dividends, or other distributions they receive. A company provides limited liability protection but comes with more reporting obligations.
Tax Rate Comparison
| Structure | Tax Rate | Notes |
|---|---|---|
| Sole Trader | Individual marginal rates (0% to 45% + Medicare levy) | Progressive rates; higher income = higher rate |
| Company (base rate entity) | 25% | For companies with turnover < $50m and 80% or less passive income |
| Company (other) | 30% | Applies to companies not meeting base rate entity criteria |
Key takeaway: A company rate is usually lower than the top personal rate, but extracting profits for personal use may create additional tax depending on the method (e.g., dividends).
Deductions & Benefits
- Both structures can claim ordinary business deductions—operating expenses, depreciation, professional fees, etc.
- Companies may access franking credits on dividends, spreading income between shareholders to manage tax.
- Sole traders can offset business losses against other personal income, potentially reducing tax in bad years.
- Superannuation contributions are deductible for both, but contribution caps and strategies differ.
Example Tax Scenarios
Let’s compare an example business with $120,000 taxable profit before owner drawings, assuming no other income and no special offsets.
| Scenario | Sole Trader | Company |
|---|---|---|
| Business profit | $120,000 | $120,000 |
| Tax rate applied | Marginal personal rates (approx $31,267 tax + Medicare) | 25% company tax = $30,000 |
| After-tax profit retained | $88,733 | $90,000 in company (additional personal tax if distributed) |
Observation: At this profit level, company tax is slightly lower, but if you distribute all profits, your personal tax position may equalise the outcome. The benefit of a company often grows when profits are retained for reinvestment rather than fully drawn out.
Non-Tax Considerations
- Liability: A company offers limited liability; sole traders have unlimited liability for business debts.
- Complexity: Companies require ASIC registration, annual statements, and more bookkeeping.
- Cost: Companies have higher setup and compliance costs than sole traders.
- Perception: Some clients perceive companies as more established or stable.
- Succession: Companies can more easily transfer ownership via shares.
When to Consider Switching
You might move from sole trader to company when:
- Profits consistently place you in the higher marginal tax brackets
- You plan to reinvest profits into the business rather than draw them all out
- You want to bring in partners or investors
- Liability protection becomes more important
- You want to build a brand that benefits from the perceived stability of a company
Tip: Always seek advice before switching—there can be costs, CGT implications, and compliance changes to consider.
Get the right structure from day one
Taxopia can model your expected profits and help you choose the most tax-effective, growth-friendly structure for your business.
Book a Structure Review Company Tax Return ServicesFAQs
Is it always cheaper tax-wise to run a company?
No. While the company tax rate is lower than the highest personal rate, drawing all profits may result in similar or higher personal tax depending on your total income and circumstances.
Can I change from sole trader to company later?
Yes, but there may be CGT, stamp duty, or other implications. Get advice before making the switch.
Can a company pay me a salary?
Yes. You can be both a shareholder and an employee/director. Salaries are deductible to the company and taxable to you personally.
Do companies get the tax-free threshold?
No. Companies pay tax on every dollar of profit at the applicable rate.
Make an informed decision today
We’ll compare scenarios, explain compliance requirements, and help you choose the structure that works for your business goals.
Talk to a Tax Expert Learn About Company ReturnsGeneral information only. This article is not financial or tax advice. Consider your circumstances and seek advice from a registered tax agent or qualified professional before making business structure decisions.