Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Getting paid as a business owner isn’t as simple as transferring cash from your business account whenever you need it. The way you pay yourself affects your tax, superannuation, cash flow and even investor confidence.
The right approach depends on your business structure. Whether you’re a sole trader, running a partnership, or you’ve set up a company or trust, there are clear rules and smarter ways to structure your “owner pay.”
In this guide, we’ll walk through what “business owner salary” really means in Australia, your options under each structure, how to decide how much to pay yourself, and the practical legal steps to put everything on solid footing.
What Does “Business Owner Salary” Really Mean?
When people talk about a “business owner salary,” they often mean “how do I take money from my business to live on?” In Australia, this looks different depending on your structure:
- Sole trader and partnership: you don’t pay yourself a salary as an employee. You take drawings, and your share of business profit is taxed in your personal return.
- Company (Pty Ltd): you can pay yourself a salary/wage as an employee or director, pay director fees, or take dividends (if you’re a shareholder). Each option has different tax and super implications.
- Trust: the trustee can pay you a salary if you’re employed by the trust, and/or distribute trust income to you as a beneficiary (according to the trust deed and tax rules).
Because the details and obligations vary, it’s important to set up a payment method that matches your structure, documents it properly, and keeps you compliant.
How Do Business Owners Pay Themselves Under Each Structure?
Sole Trader: Owner’s Drawings
As a sole trader, you and the business are the same legal entity. You don’t pay yourself a salary in the traditional sense. Instead, you simply withdraw money from the business (drawings) and pay tax on the net profit of the business in your individual tax return.
There’s no PAYG withholding or payroll super obligation to yourself as a sole trader, but it’s wise to budget for your income tax and consider making voluntary super contributions for your retirement.
Partnership: Partner Drawings and Profit Share
Partnerships work similarly to sole traders. Partners usually take drawings throughout the year, then each partner’s share of partnership profit (or loss) is allocated according to the partnership agreement and taxed in their personal returns.
Again, there’s typically no PAYG withholding on drawings to partners and no employer super obligation for partners themselves, but plan for tax and consider retirement savings.
Company: Salary/Wages, Director Fees, and Dividends
Companies are separate legal entities. That opens three common ways for owners to get paid:
- Salary/wages: if you’re employed by the company, it must run payroll, withhold PAYG, pay superannuation and report through Single Touch Payroll. For senior founders, a tailored Employment Contract helps clarify duties, remuneration and benefits.
- Director fees: companies may pay fees for your role as director. These fees are usually subject to PAYG withholding and reporting, and super is often payable depending on the circumstances. For the overall framework and compliance, see Director Fees.
- Dividends: as a shareholder, you may receive dividends when the company has profits and sufficient franking credits. Dividends are not wages, so no PAYG withholding or super applies at the time of payment, but they have their own tax treatment. If this is on your radar, review Dividends Paid To Shareholders.
Founders often use a mix: a modest salary for living expenses and super, with dividends when profits allow. This combination can balance personal cash flow, business runway and tax efficiency.
Trust: Salary and/or Beneficiary Distributions
Where a trust operates the business, owners might be paid a salary for any employment role in the trust’s business and also receive trust distributions as beneficiaries. The trustee must follow the trust deed and relevant tax rules when allocating income. Document your approach clearly and make decisions before year-end to avoid accidental defaults.
Salary, Dividends, Drawings or Distributions: Which Is Best?
There’s no single “best” method - it depends on your structure, profitability and growth plans. These are the common trade-offs:
- Cash flow predictability: a set salary helps you budget personally and simplifies super and PAYG. Dividends or trust distributions depend on profits and director/trustee discretion.
- Compliance load: salaries and director fees involve payroll, PAYG, superannuation and STP reporting. Dividends and distributions involve board/trustee resolutions and tax treatment rather than payroll systems.
- Tax profile: salaries are taxed as employment income and attract super. Dividends may be franked or unfranked with different personal tax outcomes. Trust distributions depend on how income is allocated among beneficiaries.
- Investor expectations: if you plan to raise capital, investors usually expect clarity and fairness around founder remuneration, with board oversight and alignment to market rates and milestones.
Whichever path you choose, make sure your records, board or trustee decisions and contracts line up with how money actually moves. A consistent policy reduces risk and builds confidence with banks, investors and staff.
How Much Should a Business Owner Pay Themselves?
Setting the number is part art, part science. Consider:
- Your business model and runway: can the business afford your target salary while funding growth, inventory and tax obligations? Early on, many founders take a modest salary to preserve cash.
- Market benchmarks: for companies, consider a market-aligned salary for your role and experience. If you’re not full-time on the business, pro-rata may make sense.
- Profitability and seasonality: match your pay policy to realistic forecasts. If revenue is lumpy, flexible components (e.g. quarterly board-reviewed adjustments) can help.
- Super and entitlements: budget for the super guarantee on eligible salary or director fees. It’s also useful to understand how Ordinary Time Earnings (OTE) affects super calculations, and whether salaries include superannuation in your contracts and quotes.
- Tax planning: coordinate with your accountant on the salary vs dividends or distributions mix for tax effectiveness, within the law.
It’s normal to review owner pay at key milestones (e.g. major contracts won, funding events, steady profitability). For companies, ensure the board approves changes and records them properly.
Practical Steps To Set Up Owner Pay The Right Way
1) Choose and Confirm Your Structure
Your payment method flows from your structure. If you’re weighing up options or planning a restructure, it can help to map remuneration pathways (e.g. drawings vs salary vs dividends) before you lock in a model. If you’re operating through a company, check that your Company Constitution supports your intended dividend and decision-making process.
2) Set a Clear Remuneration Policy
Decide how you’ll pay yourself now and how that might evolve. For example, a base salary with board review every six months, plus the potential for dividends if profit targets are met. If there are multiple founders, align on principles and document them to avoid misunderstandings later.
3) Put It In Writing
For companies, use an appropriate executive-level Employment Contract for any founder who is also an employee. For director fees and dividends, take and file board minutes or resolutions. A simple way to formalise decisions is to adopt a Directors’ Resolution that approves remuneration arrangements, super contributions, and any dividend declaration (subject to solvency tests and profits).
4) Set Up Payroll & Super
If you’re paying salary or director fees that attract super, register for PAYG withholding, set up Single Touch Payroll and onboard your super clearing house. Clarify the timing and calculation of super to avoid shortfall charges. If you’re using dividends and not payroll, ensure you still meet all corporate compliance steps for declaring and paying dividends.
5) Align With Your Ownership Documents
If you have co-founders or investors, ensure your remuneration approach aligns with your Shareholders Agreement, especially on board approvals, vesting milestones and dividend policies. For companies intending to pay out profits, it also pays to understand the rules in Dividends Paid To Shareholders so distributions are compliant.
6) Review At Milestones
Revisit your policy as your business grows. Salary adjustments, bonus schemes, or a shift toward dividends can reflect new profitability or capital needs. Keep board or trustee decisions well documented each time.
Legal Documents And Policies To Consider
Getting your paperwork right from day one makes owner pay straightforward and defensible. Depending on your setup, consider:
- Employment Contract: sets out duties, base salary, bonuses, super and termination terms if you’re employed by your company or trust.
- Directors’ Resolution: records board approvals for salaries, director fees, super contributions and dividend declarations.
- Company Constitution: governs how your company operates, including share classes and decision-making for dividends and director remuneration.
- Shareholders Agreement: aligns founders and investors on key issues such as remuneration oversight, profit distributions, and decision-making rules.
- Director Fees: understand how director remuneration is authorised, taxed and reported, and when super applies.
- Dividends Paid To Shareholders: sets expectations for when and how your company can distribute profits to owners.
- How To Legally Pay Yourself: a helpful overview of options and compliance considerations to tie your approach together.
You won’t always need every document, but most companies will use several. The key is to make sure your contracts and board documents match what you actually do in practice.
Common Compliance Questions (Quick Answers)
Do I have to pay super on what I take?
It depends on how you pay yourself. For companies, salaries and many director fee arrangements attract super. Dividends don’t. For sole traders and partners, drawings don’t require employer super, but voluntary contributions are worth considering. The definition of Ordinary Time Earnings (OTE) is central to super calculations.
Is it better to take a low salary and high dividends?
Sometimes, but it’s not always optimal. You need enough salary to live on and to support super and insurance needs, plus dividends must be legally available and commercially sensible. A balanced, documented policy is usually best.
Can I just transfer money when I need it?
You can as a sole trader or partner (as drawings), but still keep records and set aside money for tax. In a company or trust, ad hoc transfers can cause compliance and tax issues if they don’t reflect a salary, fee, dividend or beneficiary distribution that’s been correctly approved and recorded.
Key Takeaways
- “Business owner salary” in Australia depends on your structure: drawings for sole traders/partners, salary or director fees and/or dividends for companies, and salary or distributions for trusts.
- Companies often mix salary (for predictability and super) with dividends (when profits allow) - the right blend balances cash flow, compliance and tax.
- Set a clear remuneration policy, document it properly (contracts, resolutions), and align it with your constitution and Shareholders Agreement.
- If paying salary or director fees, set up payroll, PAYG, Single Touch Payroll and super, and understand how OTE applies.
- Review owner pay at key milestones and record each change via board or trustee decisions to stay compliant and investor-ready.
- If you’re unsure where to start, a tailored Employment Contract and a simple Directors’ Resolution go a long way to keep things clean and consistent.
If you’d like a consultation on structuring your business owner salary and remuneration policy, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








