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.
If you’re starting (or growing) a small business as a sole trader, one of the first questions you’ll likely ask is whether you need an ABN.
The answer depends on what you’re actually doing, how you’re getting paid, and how you want your business to look to customers and suppliers. In practice, many sole traders apply for an ABN early because it can make day-to-day operations smoother. But there are also situations where you might not strictly “need” one yet.
Note: this guide is general information only and isn’t tax or accounting advice. ABN eligibility, GST and withholding rules can be nuanced, so it’s a good idea to check the ATO guidance or speak with an accountant about your circumstances.
In this guide, we’ll walk you through what an ABN is, when it’s required, when it’s optional (but still a good idea), and what else you may need to set your business up properly in Australia.
What Is An ABN (And Why Do Sole Traders Use One)?
An ABN is an Australian Business Number. It’s a unique 11-digit identifier that the Australian Taxation Office (ATO) uses to recognise your business for tax and administrative purposes.
For sole traders, an ABN is usually connected to you as an individual, but it helps you operate “as a business” in a way that customers, suppliers and other businesses can verify.
In practical terms, having an ABN can help you:
- Invoice clients properly (especially businesses that expect ABN invoices)
- Avoid tax being withheld from your payments (more on this below)
- Register a business name if you don’t want to trade under your personal name
- Appear more established when dealing with suppliers, marketplaces and commercial partners
It can also be a stepping stone to other parts of your setup, like GST registration (if required) and putting the right contracts in place.
If you’re weighing up the pros and cons, it can help to understand the advantages and disadvantages of having an ABN in a bit more detail.
Does A Sole Trader Need An ABN In Australia?
Let’s tackle the main question directly: do sole traders need an ABN?
Often, yes - but not always. Whether you need one depends on whether you are carrying on an “enterprise” (in everyday language, running a business activity) and how you’re being paid.
Here are the most common situations where a sole trader will usually need (or strongly benefit from) an ABN.
You’re Carrying On A Business (Not Just A One-Off Hobby)
If you’re doing work or selling products with the intention of making a profit, and you’re operating in a business-like way (advertising, issuing invoices, taking regular orders), you’re likely carrying on a business activity.
This is important because it affects whether you should be registered as a business and how you handle tax and compliance. The “business vs hobby” line can be fact-specific, so if you’re not sure where you sit, the concept of a business activity can help you think through whether what you’re doing is actually a business or more of a hobby.
You Want To Avoid “No ABN” Withholding
One of the biggest practical reasons sole traders get an ABN is to avoid “no ABN withholding”.
If you provide goods or services to a business and you don’t quote an ABN on your invoice, the payer may be required to withhold tax from your payment at the top rate (unless an exception applies). That can be a nasty surprise when you’re trying to manage cashflow.
So, if you’re invoicing other businesses (not just selling directly to consumers), an ABN is usually a smart move.
You Want To Register A Business Name
If you trade under your own personal name (for example, “Jane Citizen”), you may not need to register a business name.
But if you want to trade under a different name (for example, “Coastal Copywriting Studio”), you’ll generally need to register that name as a business name - and in most cases you’ll need an ABN first.
For many sole traders, this is an early branding step, especially if you want your invoices, website and marketing to look consistent.
You Need An ABN For Platforms, Suppliers Or Business Admin
Even when the law doesn’t strictly force you to have an ABN immediately, in the real world you may find that certain platforms, suppliers or commercial counterparties ask for one as part of onboarding.
This can include:
- Online marketplaces
- Payment providers
- Wholesalers and trade accounts
- Commercial lease or service providers (depending on the industry)
- Business banking and finance processes
So if you’re wondering whether a sole trader needs an ABN, the practical answer is often “yes, if you want to operate smoothly”.
Can You Run A Sole Trader Business Without An ABN?
Sometimes, yes. It is possible to run a business without an ABN in certain circumstances - especially if you’re very early-stage, earning only small amounts, or you’re not invoicing other businesses that require you to quote an ABN.
But it’s important to be realistic about the trade-offs.
Common Issues When You Don’t Have An ABN
- No ABN withholding risk: businesses paying you may withhold tax from your payments
- Harder to look “business-ready”: some clients prefer suppliers who are set up properly
- Business name limitations: registering a business name usually requires an ABN first
- Admin friction: some suppliers and platforms may ask for an ABN as part of onboarding
As a small business owner, the goal is usually to reduce friction wherever you can. If your business is gaining traction, getting your ABN sorted early can help you focus on building the business rather than chasing paperwork later.
What If You’re Doing Freelance Work Under Your Own Name?
Let’s imagine you’re doing occasional freelance work and invoicing a couple of clients each year, and you’re not planning to scale yet. You might be wondering whether a sole trader needs an ABN if they’re keeping things small.
You may not strictly need one immediately, but if any client asks for an ABN (or if you want to claim business expenses properly and keep your records tidy), it can still be worth registering.
Also keep in mind that the moment you move from “occasionally doing work” to running a business in a more consistent way, it’s usually time to formalise your setup.
How To Get An ABN As A Sole Trader (And What You’ll Need)
Applying for an ABN as a sole trader is usually straightforward, but it helps to prepare the right details upfront.
Typically, you’ll need:
- Your identity details (as an individual)
- A clear description of what your business will do
- Your business contact details
- Details of your expected business activities (for example, whether you’ll register for GST)
Once you have an ABN, you can start including it on invoices, quotes and contracts.
How Do You Find Or Confirm Your ABN Later?
If you’ve already applied in the past (or you’re taking over admin for your own business), you might need to locate your ABN. In that case, it’s helpful to know how to find your ABN quickly.
And if you’re dealing with another business (for example, a supplier or contractor), it’s also wise to verify their ABN details. Many business owners do this as part of basic due diligence, similar to checking licensing or insurance.
Is Your ABN Active?
ABNs can be cancelled, and businesses can change their details. If you’re ever unsure whether your ABN (or someone else’s) is current, it’s worth knowing how to check if an ABN is active.
This can be particularly important if you’re onboarding contractors, paying invoices, or entering into longer-term agreements.
ABN Basics Are Only The Start: Other Legal Set-Up Steps For Sole Traders
Even if the main question bringing you here is whether a sole trader needs an ABN, it’s worth stepping back and looking at the bigger picture.
An ABN helps you operate, invoice, and engage with the market - but it doesn’t automatically handle the legal risks that come with running a business.
Below are a few key areas we commonly help sole traders think through as they grow.
1) Are You Definitely A Sole Trader (Or Should You Consider A Company)?
Sole trader is a popular structure because it’s simple to start and manage. But it also means you and your business are legally the same “person”, which can create extra risk if something goes wrong (for example, a dispute, debt, or claim).
As your revenue grows, or if you’re entering higher-risk work, you might consider setting up a company structure instead. This can offer different protections and may better suit a business that plans to scale, bring in investors, or hire staff.
If you’re considering your options, setting up a Company Set Up can be a practical step where the structure aligns with your growth plans.
2) Customer Terms, Quotes And Payment Protection
One of the most common pain points for sole traders is getting paid on time (or at all). That’s where strong written terms matter.
Depending on your business, you might need:
- Service terms (scope, timelines, deliverables, revisions)
- Payment terms (deposit, milestones, late fees, collection processes)
- Limitation of liability (to manage risk if something goes wrong)
This is especially important if you’re quoting, doing project work, or selling higher-value services where misunderstandings can quickly turn into disputes.
3) Privacy Compliance (If You Collect Customer Data)
If you’re running a website, collecting enquiry forms, building an email list, or processing online payments, you’re likely collecting personal information.
Depending on your business size and what you do, you may have obligations under Australian privacy laws, and you’ll often need a Privacy Policy that explains how you collect, use and store personal information.
It’s also worth noting that some small businesses may be exempt from certain Privacy Act obligations, but there are important exceptions (for example, some health service providers and businesses that trade in personal information can be covered). Even where the Privacy Act doesn’t strictly apply to you yet, having clear privacy practices can build trust with customers (and help you avoid reputational issues).
4) Hiring Staff Or Contractors (And Getting The Paperwork Right)
Many sole traders start alone, then bring on help as they grow. This might be a casual employee, a part-time admin assistant, or contractors to support delivery.
Whenever you engage someone to help you, it’s important to have the right documentation and to correctly classify the relationship (employee vs contractor), because the rules and risks differ.
If you hire an employee, an Employment Contract can help set expectations around duties, pay, confidentiality, and termination processes.
5) Consumer Law Still Applies To Sole Traders
Being a sole trader doesn’t mean you get a “simpler” set of rules when dealing with customers. If you sell goods or services to consumers, you’ll generally need to comply with the Australian Consumer Law (ACL), including rules around misleading conduct, refunds, and guarantees.
This is one of the reasons it’s worth getting your customer-facing wording right - on your website, your quotes, your invoices, and your terms.
Key Takeaways
- Do sole traders need an ABN? Often yes, especially if you’re carrying on a business, invoicing clients, or want to avoid “no ABN” withholding.
- You can operate without an ABN in some cases, but it may create practical friction and payment risks as your business grows.
- Getting an ABN is usually a straightforward early step, and it can support business name registration, invoicing, and smoother onboarding with suppliers and platforms.
- ABN registration is only one part of setting up properly - many sole traders also need clear customer terms, privacy compliance, and the right documentation when hiring staff.
- If you’re scaling or operating in a higher-risk area, it may be worth considering whether a company structure is a better fit than remaining a sole trader.
If you’d like a consultation on setting up your sole trader business (including ABNs, contracts, and ongoing compliance), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Business legal next step
When should you speak to a lawyer?
Government registers are useful, but they do not always cover the contracts, ownership terms and risk settings around the business decision.







