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.
When you’re running a business in Australia, it’s natural to ask: are we actually making money? Two key metrics help answer that question - gross profit and net profit.
They sound similar, but they tell you different things about how your business is performing. Gross profit focuses on how efficiently you make and sell your products or deliver your services. Net profit shows what’s left after all other costs of running the business are paid.
In this guide, we’ll break down gross profit vs net profit in plain English, show you how to calculate each, and explain how these numbers fit into your broader legal and operational strategy. We’ll also highlight the legal levers - contracts, pricing terms, employment obligations and structure - that can directly influence your profitability in Australia.
What Is Gross Profit?
Gross profit tells you how much of your sales revenue remains after paying for the direct costs of producing your goods or delivering your services (your cost of goods sold, or COGS).
Gross Profit Formula
Gross Profit = Sales Revenue − Cost of Goods Sold (COGS)
COGS typically includes direct materials, direct labour and production costs tied to making the item or delivering the service. It doesn’t include overheads like rent, marketing, admin salaries, software subscriptions or insurance.
Why Gross Profit Matters
- Pricing and product mix: It shows whether your pricing covers your direct costs with a healthy margin.
- Operational efficiency: It helps you spot issues in production, procurement or delivery (e.g. rising material costs or wastage).
- Comparisons over time: You can compare product lines, bundles and promotions to see what’s really driving margin.
Many businesses also track gross profit margin (gross profit ÷ sales revenue × 100%). Margins help you compare performance across products and periods without the impact of different revenue volumes.
What Is Net Profit (And Why It’s Different From Taxable Income)?
Net profit (also called net income) shows the total profit after all business expenses are deducted from revenue. It incorporates your overheads and other non-operational costs, giving you the most complete view of your financial performance.
Net Profit Formula
Net Profit = Gross Profit − Operating Expenses − Depreciation/Amortisation − Interest − Taxes − Other Expenses
Operating expenses include rent, utilities, admin and marketing costs, software and professional services. You’ll also factor in non-cash expenses like depreciation (spreading the cost of assets over their useful life), and financing costs like interest on loans.
Net Profit vs Taxable Income
It’s important to separate accounting net profit from taxable income. Your tax is generally calculated on your business’s assessable income minus allowable deductions under Australian tax law. This figure often differs from accounting net profit due to timing differences, depreciation methods, private use adjustments and other tax-specific rules.
In short, net profit is a management and reporting number. Taxable income is a legal concept determined under Australian tax law. They are related, but rarely identical. It’s a good idea to work with your accountant on the tax position while you use gross and net profit to manage the business day-to-day.
Gross Profit vs Net Profit: What Do They Tell You?
Both metrics are essential - they just answer different questions.
- Scope: Gross profit focuses on direct production/delivery costs (COGS). Net profit includes everything - overheads, interest, tax and one-off items.
- Use cases: Gross profit guides pricing, discounting and procurement decisions. Net profit reveals overall performance and your capacity to reinvest, service debt or distribute profits.
- Signal to watch: High gross profit but low net profit often means overheads are too high or your operating model needs work. Low gross profit with strong sales may indicate under-pricing or escalating input costs.
- Margins: Both can be tracked as a percentage of revenue to compare across time and products (gross margin vs net margin).
Together, these metrics help you diagnose issues quickly: are you under-charging, over-spending, or both?
Use Legal Levers To Improve Profitability
Legal settings can directly influence both revenue and costs. Here are practical ways your contracts, policies and structure can support better gross and net profit in Australia.
1) Strengthen Pricing, Invoicing and Cash Flow
Your customer-facing terms should clearly set out prices, inclusions, exclusions, and when you get paid. Well-drafted payment terms can reduce disputes, speed up cash collection and protect your margin.
- Set clear invoice payment terms (due dates, deposits, staged payments, direct debit authorisation).
- State what happens if invoices are late, and whether late fees or interest apply (and on what basis).
- Ensure price displays and promotions comply with Australian Consumer Law and relevant state-based advertised price laws to avoid fines and reputational damage.
Clear terms reduce write-offs and rework, which protects both gross and net profit.
2) Protect Your Margin With Solid Customer Contracts
Your standard terms or service agreement should be tailored to how you sell. Consider limitations and exclusions of liability (to the extent permitted by law), acceptance criteria, change requests and variations, and how you handle delays outside your control.
- Use sensible limitation of liability and indemnity settings to reduce the risk of high-cost claims.
- Define scope tightly (what’s included vs payable extras) to avoid eroding gross profit on fixed-price work.
- Require written variations for out-of-scope requests, priced at agreed rates, to preserve margin.
These provisions help you avoid giving away time or materials that were never priced into your COGS - a common reason gross margins drift down.
3) Choose a Structure That Supports Growth
Many founders start as sole traders, then move to a company as they scale. A company is a separate legal entity, which can help with risk allocation, investment and long-term planning.
- If you’re planning to scale or bring on co-founders or investors, consider a company set up early so you can separate personal and business finances and standardise ownership through shares.
- If you have multiple owners, a Shareholders Agreement can set rules for dividends, reinvestment and decision-making - all of which affect the timing and use of profits.
There’s no single “right” structure - it depends on your goals and risk profile. The key is aligning your structure to your growth and profitability plan.
4) Manage Employment Costs Lawfully
Wages and on-costs are a major driver of net profit. Getting employment settings right helps you balance compliance and cost control.
- Confirm whether an award or enterprise agreement applies and ensure award compliance for minimum rates, penalties and allowances.
- Use appropriate Employment Contracts (casual, part-time or full-time) that match the actual working arrangement and clarify entitlements, hours and overtime rules.
- Consider rostering, breaks, and time-in-lieu policies to manage productivity and labour cost leakage.
Correct classification and clear contracts reduce underpayment risk (and unexpected back-pay liability) that can hit net profit hard.
5) Market Responsibly and Use Data Lawfully
Marketing fuels revenue, but you need to handle customer data correctly. If you’re collecting personal information (e.g. online orders, email signups), you’ll generally need a clear Privacy Policy and practices that align with Australia’s privacy laws.
Doing this right builds trust, reduces the risk of complaints and fines, and supports sustainable growth that contributes to net profit over time.
Practical Steps To Track And Improve Profitability
Once your legal and operational settings support profitability, put systems in place to measure and improve performance month after month.
Build a Simple Budget and Forecast
- Revenue: Forecast by product or service line, factoring in seasonality and pipeline.
- COGS: Break down materials, direct labour and delivery costs for each revenue stream.
- Overheads: Map rent, utilities, software, marketing, insurance and professional services.
- Scenarios: Create best, base and worst cases so you can adjust quickly.
Re-forecast quarterly (or monthly in fast-changing businesses) so your targets reflect reality.
Track KPIs You Can Influence
- Gross margin by product/service: Identify where margin is strongest and weakest.
- Average selling price and discount levels: Watch for margin erosion.
- Supplier costs and wastage: Negotiate or switch suppliers if costs creep.
- Overheads as a % of revenue: Keep overheads aligned to growth phases.
- Debtor days: Faster collections mean less time spent chasing cash and lower financing costs.
Tighten Your Cost Of Goods Sold
Because gross profit is revenue minus COGS, even small wins matter. Consider:
- Buying materials in economical quantities (but avoid overstocking that ties up cash).
- Refining production steps to reduce rework and wastage.
- Training staff on efficiency and quality to reduce returns or redos.
- Standardising components or services to stabilise cost and pricing.
Tune Your Pricing Strategy
Price should reflect your costs, positioning and value. If input costs rise, review your price list and communicate changes proactively. Where suitable, build annual price review clauses into your customer agreements so you’re not locked into loss-making rates.
Separate Cash Flow From Profit
A profitable business can still run into cash issues if collections are slow or inventory is heavy. Use strong payment terms, deposits and milestone billing to bring cash forward without discounting your price. This approach supports sustainable net profit by reducing the need for expensive short-term finance.
Consider GST And Reporting Methods
Remember, Goods and Services Tax (GST) isn’t income - it’s collected and passed on. Keep GST separate in your accounting so you’re not overstating revenue or profit. Choose the appropriate accounting basis (cash or accrual) for your size and industry, and ensure it’s consistent with how you measure and manage your KPIs.
Invest In Systems And Support
Cloud accounting tools, integrated invoicing and inventory systems make it easier to track gross and net profit in real time. Pair this with regular check-ins with your bookkeeper and accountant so that your business decisions are based on current, accurate data.
Key Takeaways
- Gross profit shows how much you make after direct costs (COGS); net profit shows what’s left after all expenses, including overheads, interest and tax.
- Accounting net profit and taxable income are not the same - your tax position is determined under Australian tax law and can differ from your management accounts.
- Legal levers like clear payment terms, sensible liability settings, compliant pricing and the right business structure can directly improve profitability and reduce risk.
- Employment compliance (awards, contracts and rostering) is essential to control labour costs and avoid costly underpayment issues.
- Track gross and net profit monthly, watch margins by product or service, and adjust pricing and procurement when costs move.
- Strong systems, good data and proactive contracts support sustainable margins and healthier cash flow.
If you’d like a consultation on aligning your contracts, structure and compliance to support better profitability, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








