Choosing a business structure is one of the first decisions you make when starting or growing a business in Australia. It affects how much tax you pay, what type of tax return you lodge, and how much reporting you need to do each year. Sole traders and companies both have to follow ATO rules, but the way they are taxed is quite different.
This guide breaks down the main differences so you can understand what each structure means for your tax position. At MGA Taxation, our tax consultant team works with individuals and businesses to help them choose the right structure and stay on top of their tax obligations.
Sole Trader vs. Company: At a Glance
| Question | Sole Trader | Company |
|---|---|---|
| Who pays the tax? | You pay tax personally on business profit. | The company pays tax on its own income. |
| Separate tax return needed? | No, it’s part of your individual tax return. | Yes, a separate company tax return. |
| Tax rates | Individual income tax rates. | Company tax rates |
| Business expenses | Claimed on your individual return. | Claimed on the company return. |
| Business losses | Can offset other income, if ATO rules are met. | Stay with the company; can be carried forward. |
| Business debts | You are personally responsible. | The company is responsible. |
| Best suited for | Individuals working independently. | Businesses planning to grow or hire staff. |
How Tax Is Calculated
The biggest difference between the two structures is how your taxable income is worked out.
As a sole trader, your business profit is treated as part of your personal income. Once you subtract your eligible business expenses, the remaining profit is added to any other income you earn and taxed at individual tax rates. Everything is reported through your individual tax return, so there is no separate business return to lodge.
A company works differently. It is treated as its own taxpayer, completely separate from its directors or shareholders. The company works out its own taxable income, claims its own deductions, and pays tax at the company tax rate. It must lodge its own company tax return each year. Any money paid out to directors or shareholders as wages or dividends is then reported separately on their personal tax returns.
This difference matters because company tax rates are fixed, while individual tax rates increase as your income increases. Depending on how much profit your business makes, one structure may end up being more tax-effective than the other.
Claiming Business Expenses
Both sole traders and companies can claim deductions for expenses that relate directly to earning business income. The main difference is where these expenses are claimed.
A sole trader claims expenses on their individual tax return, which reduces the business profit added to their taxable income. A company claims expenses on its company tax return, reducing the taxable income the company pays tax on.
Common expenses that can usually be claimed by either structure include:
- Office and operating costs
- Professional and accounting fees
- Business insurance
- Equipment and asset-related costs
Keeping clear, organised records of these expenses throughout the year makes it easier to claim them correctly and reduces the chance of errors at tax time.
How Business Losses Are Treated
Losses are handled differently depending on your structure, and this is an important factor if your business income is likely to fluctuate.
If you’re a sole trader, an eligible business loss may be used to reduce your other taxable income for the year, as long as you meet the ATO’s requirements. This means a tough year in your business could lower the tax you pay on other income.
If you operate through a company, losses stay with the company. They cannot be used to reduce the personal income of directors or shareholders. However, if the company meets the eligibility rules, it can carry the loss forward and use it to offset future profits.
Record Keeping Requirements
Good record keeping is required under both structures, though a company generally has more to manage.
A sole trader needs to keep records of business income, expenses, invoices, and receipts. A company has broader requirements, including financial statements, tax documents, and payroll records if it employs staff. These records support your tax return and help you stay compliant if the ATO asks for information.
Keeping records organised as you go, rather than scrambling at tax time, makes the whole process faster and reduces the risk of missing deductions.
Choosing the Right Structure
There is no single “best” structure. The right choice depends on your income level, how much control you want, whether you plan to hire staff, and how much personal risk you’re comfortable taking on.
A sole trader structure is simple and gives you direct control over the business, which is why many people starting out choose it. A company structure separates the business from you personally, which can offer liability protection and may suit a business planning to grow, take on staff, or bring in other owners. It does come with more reporting and compliance requirements, though.
If you’re unsure which structure fits your situation, speaking with a tax adviser before you commit is worthwhile. Changing structure later is possible, but it can come with extra cost and paperwork, so it pays to think it through early.
How MGA Taxation Can Help
At MGA Taxation, we help individuals and businesses understand their tax obligations and choose a structure that fits their goals. Our team offers tax planning, bookkeeping support, and business advisory services to help you stay compliant and make informed decisions as your business grows.
To talk to our team about your business structure, call 61 406 137 770 or email info@mgataxation.com.au.

