It’s a question many business owners have to ask themselves… should you run the business as a sole trader or move to a company structure?
Perhaps you started out as a sole trader, but you are experiencing significant growth and you want to make sure you structure the business effectively.
Or maybe you are about to launch a new business and you want to create a strong foundation that future-proofs your enterprise for what will come.
Here at North Advisory, we often help our clients make this decision and during the process we highlight some key points for them to consider.
Marius Fourie, Director and Business Advisor, discusses our approach and highlights why we make certain recommendations.
“You won’t necessarily achieve a better tax outcome being a company or a sole trader … if your accountants know what they are doing, it should work out almost the same.”
When we look at a business run as a sole trader versus a company – or any other business structure – essentially there is very little difference in the tax treatment.
This is especially true when the business focuses on professional services… your decision about structure really comes down to minimising commercial risk.
Marius explains:
“You won’t necessarily achieve a better tax outcome being a company or a sole trader… if your accountants know what they are doing, it should work out almost the same. The main reason you would choose to set up a company over being a sole trader is to make sure you aren’t exposed to commercial risks.
All businesses have some level of commercial risk but if you are a sole trader, everything that you and your family own is exposed to those risks. Your family home, all your assets… everything is in the pot.”
A company, however, is recognised as a separate legal entity, so any of those commercial risks are contained within the company… your personal assets are protected.
Marius continues:
“A lot of people might think ‘I’m insured, I have professional indemnity insurance,’ but that’s not actually covering commercial risk… that’s the professional insurance that covers you if you perform your work poorly. An example of commercial risk is if you don’t pay a supplier and they take legal action.
Or you get into a dispute with a supplier where you feel you shouldn’t pay and they believe you should… these situations are not covered by professional indemnity… no insurance covers you for that kind of thing.”
The potential for commercial risk is a key reason you would choose to move away from the sole trader business model to a company or other structure.
Another important reason that business owners set up a company is to be prepared for future opportunities. It is far more complicated to expand or sell a business if it is based on a sole trader.
“When it comes to expansion and bringing additional people into the business or finding investors, you can’t sell part of yourself to someone… but you can sell shares in the business.
So, if you are a sole trader and someone wants to join with you, you have to move into that type of structure in order to offer them a portion of the business.
The inverse is the same as well… if you want to sell your business it’s much harder to do as a sole trader because everything is intertwined with your life. If you want to sell off part of the business, that’s not as clear cut as it is with a company.”
“The main reason you would choose to set up a company over being a sole trader is to make sure you aren’t exposed to commercial risks.”
While a sole trader is the simplest and cheapest way to start your business, we believe the benefits of the company structure are worth the investment.
There are some initial set up costs involved when you register your company with ASIC, but in the long term, the cost of running your business as a sole trader is certainly comparable to that of a company.
Marius concludes:
“From our perspective, the business accounting services we provide are on par, regardless of your structure, so the ongoing costs are the same. But the decision should be based on ‘how are you setting yourself up for the future?’ and I can’t think of any circumstance where I’d risk my family home and family wealth to outside commercial influences.”
The team at North Advisory is always available to discuss the importance of business structure and how it relates to your tax obligations and reporting requirements.
If you’d like to talk about your current position or find out more about how we can assist, please contact us today.

Cayle Petritsch, Director and Wealth Advisor, works with our existing clients who have recognised the importance of business owners making strategic financial choices not only for their company, but for their personal finances too.
Cayle saw a great opportunity to expand North Advisory’s services into SMSF/superannuation, personal wealth management, asset protection services and other crucial personal finance facets that business owners need to consider.
His approach to wealth management allows you to receive highly personalised wealth advice. Working closely with Marius, Cayle understands the unique needs of every client, from their lifestyle and business goals to their retirement plans.
The best structure depends on income level, growth plans, risk exposure and long-term goals.
Lower costs and fewer compliance requirements make sole trader structures attractive for small or early-stage businesses.
Companies provide flexibility around profit retention, income distribution and future tax planning when structured correctly.
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A sole trader is taxed at individual marginal tax rates, while a company pays tax at the corporate tax rate. The structure you choose affects how income is taxed and how profits can be distributed.
Yes. Sole traders generally have fewer compliance and reporting obligations, making them simpler and cheaper to run. Companies involve more administration, including ASIC obligations and separate tax returns.
Not always. While the company tax rate can be lower than top personal tax rates, additional tax may apply when profits are paid out to shareholders. The overall outcome depends on how and when income is taken from the business.
A company is a separate legal entity, which can offer better asset protection than operating as a sole trader, where personal and business assets are not legally separated.
Yes. Many businesses start as sole traders and restructure into a company as they grow, though this can have tax, legal and administrative implications that should be carefully managed.
North Advisory explains that the tax outcome is often very similar between a sole trader and a company (especially in professional services), so the decision usually comes down to reducing commercial risk and protecting personal assets. As a sole trader, your personal assets (including your family home) can be exposed to business risks, whereas a company is a separate legal entity, helping contain that risk. A company can also make it easier to grow, bring in partners/investors, or sell the business in the future.
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