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I’m Changing My Business From a Sole Trader to a Company. Do I Need a New Australian Business Number?

To operate in Australia, regardless of what business structure you choose, you will need an Australian Business Number (ABN). An ABN is a unique 11-digit number that identifies your business or organisation. Having an ABN also makes it easy for other people to look up your business and confirm your details for invoicing and any sales or service orders. If you have been operating as a sole trader, you would have registered an ABN for your business activities. However, if you choose to restructure into a company, you will not be able to use that same ABN. This article discusses when you will need an ABN and how to register a new one for a company.

What is an ABN?

An ABN is a number that identifies your business to the government and community. You can use an ABN to (amongst other things):

  • identify your business to others when ordering and invoicing;
  • claim goods and services tax (GST) credits; and
  • get an Australian domain name.

You may conduct any number of business activities under a single ABN as long as they correspond to the same business structure.

If you change your business from a sole trader to a company, you will need a new ABN.

Can I Transfer My ABN?

It is not possible to transfer an existing ABN to another entity. As such, a company will need its own ABN, and you (as a sole trader) should make sure to transfer any necessary business assets to the company, which will continue running the business through the new ABN. 

Notably, when setting up a company, you must first obtain an Australian Company Number (ACN) before getting your ABN. Then, after you register your company, you can apply to the Australian Taxation Office (ATO) for a new ABN, which will include your ACN with two extra digits in front.

The easiest and most common way to apply for an ABN is through the Australian Business Register. You can also use the register for goods and services tax and pay-as-you-go withholding. Alternatively, sometimes a registered tax agent who is registering your company can register the company’s ABN at the same time. 

Once this occurs, you should cancel the ABN you had as a sole trader unless you are using it to run another business venture. However, before you do this, ensure that the business has fulfilled all and any of its lodgment, reporting and payment obligations.

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How Do I Cancel My ABN?

You can cancel an ABN in one of four ways. You can cancel it:

  • online if you are registered for online services;
  • by contacting the ATO;
  • by lodging a NAT 2955 form; or
  • with the assistance of a registered tax agent.

Following cancellation, you can no longer run a business in Australia. If you choose to start another business as a sole trader, you will need to apply for another ABN.

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Key Takeaways

To operate a business in Australia, you need an ABN, regardless of your business structure. If you initially set your business up as a sole trader (and register an ABN) and restructure to a company later, you cannot use or transfer that ABN to the company. As such, the company will need to apply for its own ABN, and you will need to transfer the business to the company. If the sole trader no longer requires the ABN, it should take steps to cancel it. 

For more information about setting up a company, our experienced business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions

What is an ABN?

An ABN is a unique 11-digit number that identifies your business to the public and the government. If you are operating a business in Australia, you need an ABN.

Can you transfer an ABN from a sole trader to a company?

No. If you restructure from a sole trader to a company, the company will need its own ABN.

How do I cancel my sole trader ABN?

The easiest way to cancel an ABN is to use online services or by calling the ATO. Your registered tax agent should also be able to assist. 

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Thomas Linnane

Thomas Linnane

Senior Lawyer | View profile

Thomas is a tax and corporate senior lawyer. He is the first point of contact for business structuring, startup and tax enquiries at LegalVision. Thomas has a passion for maximising client experience and satisfaction, and for helping a diverse range of people with their legal needs.

Qualifications: Bachelor of Laws, Bachelor of Media, University of New South Wales.

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