Contents
Thinking of starting a business or already trading but feeling unsure about how your business name and Australian Business Number (ABN) should connect? You’re not alone – many Australian entrepreneurs find themselves a little lost when it comes to linking their business name to their ABN, especially with changes in regulations and how the Australian Taxation Office (ATO) and ASIC handle business records these days.
Making sure your business name and ABN are correctly linked is not just a formality – it’s an essential step to ensure your customers, suppliers, and regulators know who they’re dealing with, and to protect your business brand. Doing this wrong (or missing it completely) can lead to legal headaches, confusion, and even fines for non-compliance. But with the right guidance and a step-by-step approach, the process is straightforward.
Ready to set your new venture up for success and compliance? Keep reading to discover everything you need to know about how to link your business name to your ABN, whether you’re starting out, adding a new name, or registering a trading name for an existing ABN.
What’s The Difference Between An ABN And A Business Name?
Before we dive into the “how-to”, let’s clarify the basics around business names and ABNs in Australia. It’s a common source of confusion for founders, so it’s worth breaking down simply.
- ABN (Australian Business Number): A unique 11-digit identifier for your business, issued by the ATO. You need it to trade, invoice, register for GST, and interact with government.
- Business Name: This is the name you use to operate your business and advertise to the public. You register a business name with ASIC unless you’re trading under your own legal name.
- Trading Name: Formerly used to describe an informal business name, trading names are now mostly phased out – you should register your business name officially to be recognised.
In practice, your ABN sits behind the scenes as your official government record, while your business name is front-facing for customers, contracts and branding. For legal and compliance reasons, it’s crucial these are linked correctly.
Why Do You Need To Link Your Business Name To Your ABN?
It’s a legal requirement: unless you are trading under your own name (e.g., “John Smith”), you must register your business name and ensure it’s listed against your ABN. Even if you already have an ABN, your business name won’t automatically appear on the public record unless you register it with ASIC and link it to your ABN.
Here’s why this matters:
- Legal Compliance: You can’t trade under a business name unless it’s registered and connected to your ABN.
- Trust: Customers and partners can check your ABN and business name together for transparency.
- Brand Protection: Registering gives you priority over that name and is a step toward trademark protection.
- Invoicing & Contracts: Most contracts and invoices must display your correct business name and ABN together.
- Government Regulations: Government agencies (ATO, ASIC) need business records to match for tax, reporting and super obligations.
If your business name and ABN aren’t linked properly, you may face fines or find yourself unable to enforce contracts or claim GST credits – all headaches no business owner needs!
How Do I Link A Business Name To My ABN?
Let’s get into the practical steps. Whether you’re just getting started or you already have an ABN, the process is straightforward – but it must be done the right way.
There are a few main scenarios:
- Setting up a new business from scratch (no ABN or name yet)
- Adding a business name to an existing ABN
- Adding another business name (if you want to trade under multiple brands with one ABN)
- Registering a trading name under your ABN (now done via business name registration)
1. If You’re Starting From Scratch
You’ll need to register both an ABN and a business name. The simplest way is to do them at the same time via the Australian Government’s Business Registration Service – but let’s break it down:
- Decide on your business structure (sole trader, partnership, company).
- Choose your business name and check for availability (it must not already be registered or restricted).
- Apply for an ABN. During this process, you can include your business name application.
- Once approved, your business name will automatically be linked to your new ABN and will appear on the ABN Lookup register.
We recommend doing both registrations together, so there’s no mismatch or risk of someone else grabbing your name while you wait for your ABN.
2. How To Add A Business Name To An Existing ABN
If you already have an ABN (as a sole trader, partnership, or company), but want to operate under a different business name – for example, launching a new product line or rebranding – here’s how to do it:
- Go to ASIC Connect to register your business name. During this process, you’ll be asked to provide your ABN.
- Ensure you enter your exact ABN (not just your TFN or ACN for a company).
- Complete the application – ASIC will then add this business name to your ABN record automatically once the registration is processed.
- You can verify the link by checking the ABN Lookup site, where your new business name will appear listed under your ABN details.
This covers how to add a business name to an ABN, as well as how to add another business name to your ABN if you’re running more than one brand out of a single entity (which is common for sole traders or companies with multiple product arms).
3. How To Register A Trading Name Under An Existing ABN
It’s no longer possible to register a “trading name” independently. The government has phased out old trading names in favour of the official business name registration process with ASIC. So if you want to register a trading name under an existing ABN, you need to:
- Register the desired business name via ASIC Connect, quoting your existing ABN.
- Once approved, the business (trading) name is officially linked to your ABN and shows on both registers.
Note: If you were previously using an unregistered trading name pre-2012, those names are no longer protected or recognised legally unless you register them as business names.
4. Can A Single ABN Have Multiple Business Names?
Yes, you can register multiple business names under a single ABN. This is handy if you operate several shops, services, or brands under one sole trader, partnership, or company structure. For each name you wish to use:
- Submit a separate business name registration (through ASIC) using your ABN.
- Each name then appears under the ABN record, allowing you to trade, invoice and market under each registered business name.
However, remember: each business name registration attracts an ASIC fee and must be renewed (usually every year or three years). There’s no limit on the number of names, but you need to keep each active and up to date.
5. How Do I Update My Details With The ATO?
While linking your business name to your ABN happens through ASIC, it’s smart to also check your details with the Australian Taxation Office (ATO business name updates). Make sure:
- Your current business name(s) are listed against your ABN in ATO records for GST, income tax or payroll registration.
- All business correspondence, tax invoices and BAS statements use the matched and correctly linked name and ABN.
If you change your business name, update your ABN details online at the Australian Business Register and notify the ATO so your tax records remain consistent.
What Legal Documents Will I Need After Linking My Business Name And ABN?
Linking your business name with your ABN is a great foundation, but you’ll need several core legal documents and policies to start trading with confidence and compliance. Here are the main ones to consider:
- Customer Terms and Conditions: Set rules for your customer relationships, protect your payments, and manage liability. See our guide on writing website terms & conditions.
- Privacy Policy: Legally required if you collect customer or client data. See more in our privacy policy guide.
- Employment Contract: If you employ staff, you’ll need clear, fair contracts and must comply with workplace laws. Our employment contract templates cover what to include.
- Supplier or Contractor Agreements: Essential if your business relies on suppliers, freelancers, or manufacturers. Written agreements help resolve disputes and clarify expectations.
- Intellectual Property (IP) Protection: Register your trade mark for your business name/logo and consider NDAs when working with partners.
- Shareholders or Partnership Agreements: If you’re in business with others, a shareholders agreement or partnership agreement will govern your rights, voting, exits, and more.
These help minimise confusion, reduce the risk of disputes, and show customers and stakeholders that you’re running a professional operation. Having your key legal documents sorted early is a smart investment for peace of mind.
What Laws Do I Need To Follow Now My Business Name Is Linked To My ABN?
Compliance doesn’t finish once you’ve linked your business name to your ABN. Here are key legal compliance areas you still need to manage:
- Australian Consumer Law (ACL): Obligations for refunds, advertising, and fair treatment of customers. See our consumer law guide for business owners.
- Employment Law: Minimum pay, conditions, and workplace safety. Ensure contracts, policies, and fair treatment of staff, plus proper termination procedures.
- Privacy and Data Protection: If collecting personal data, you must comply with the Privacy Act. Having a Privacy Policy is a must.
- Intellectual Property: Don’t forget to protect your business name and other key assets by registering your trade marks.
- Ongoing Reporting: Keep your business name and address details up to date with both ASIC and the ABR. Lodge annual reviews/reports if you run a company.
Remember, compliance is ongoing – getting it right from the start saves costly corrections later.
Can I Unlink Or Cancel A Business Name From My ABN?
If your business is shutting down or you’re moving in a different direction, you can cancel your business name via ASIC Connect, or cancel your ABN through the ABR if you cease trading altogether. It’s important to keep these records up to date. If you simply want to stop using a particular name (but keep your main business going), just cancel that business name and it will no longer appear under your ABN.
This keeps your public records accurate, and avoids confusion for customers, ATO, and anyone doing due diligence on your business.
Are There Any Common Mistakes To Avoid?
Absolutely – and avoiding them saves lots of legal trouble:
- Trading Without the Name Linked: Don’t use a business name in your invoices or contracts before it’s officially registered and linked to your ABN.
- Mixing Up Entity Names and Business Names: Your company name and business name can be different – always check both are linked to the correct ABN and registered properly.
- Forgetting to Update Details: If your address, business activity, or directors change, update both the ABN record and ASIC business name record promptly.
- Assuming “Old Trading Names” Still Have Protection: Since 2012, only officially registered business names via ASIC are recognised. Trading names from the past don’t offer any legal protection or exclusivity now.
Being proactive about updating your records and registrations helps protect your business and keeps you compliant with regulators.
Key Takeaways
- Every business in Australia must register a business name with ASIC unless it trades under the owner’s exact personal or company name.
- To link your business name to your ABN, you must supply your ABN when registering a business name with ASIC – this connects your public face (name) to your official tax record (ABN).
- You can add another business name or multiple names to the same ABN (for example, if running separate brands or services under a single entity).
- Each new business name registration must be renewed regularly, and you must keep all your details up to date across ASIC, ABR, and ATO records.
- After linking, ensure you have all necessary legal documents – terms and conditions, privacy policy, employment contracts, etc. – and stay compliant with consumer, employment, and privacy laws.
- Regularly review your business info to avoid mistakes that could cost you money or business reputation down the track.
- Getting legal advice at setup helps avoid pitfalls and sets your business up for growth and compliance.
If you’d like guidance or support to link your business name to your ABN, or secure your business foundation with the right legal documents, reach out to Sprintlaw on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat. We’re here to help you build your business the right way.
Meet Our Lawyers for Business Set Up
Get in touch now!
We'll get back to you within 1 business day.