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.
Launching a business in Australia is exciting. You’re building something new, meeting customers, and getting your ideas into the world.
To set yourself up for success, it’s important to get the legal and compliance foundations right from day one - and your Australian Business Number (ABN) sits at the heart of that setup.
In this guide, we’ll explain what an ABN is, who needs one, how to apply, and what to do once you have it. We’ll also cover how ABNs fit with company registration, taxation and everyday business operations, plus the key legal documents that help protect your business as you grow.
What Is an ABN in Australia?
An Australian Business Number (ABN) is a unique 11-digit identifier issued through the Australian Business Register. It tells government agencies, banks and other businesses who you are when you operate commercially in Australia.
Your ABN is used to issue compliant invoices, register for Goods and Services Tax (GST) if needed, set up business accounts, register a business name, and interact with the Australian Taxation Office (ATO). In short, it’s the number other organisations look for when they’re deciding if you’re a genuine business.
Without an ABN, you may find clients withholding tax from payments they owe you, difficulty opening business bank accounts, and roadblocks when you try to register a business name or apply for finance.
Many founders also consider the broader pros and cons of operating with an ABN early on, including tax admin, credibility and growth potential. If you’re weighing it up, it’s worth reading about the advantages and disadvantages of having an ABN.
ABN, ACN & Business Structure: The Basics
It’s common to confuse an ABN with an ACN (Australian Company Number). They do different jobs, and which one you have depends on your structure.
- ABN: Used by all kinds of businesses - sole traders, partnerships, trusts and companies - for identification, invoicing and tax purposes.
- ACN: A separate 9-digit number for companies only. You receive an ACN when you register a company with ASIC (the Australian Securities & Investments Commission). If you operate as a sole trader or partnership, you won’t have an ACN.
All companies have both an ACN and an ABN. Sole traders, partnerships and trusts will have an ABN, but not an ACN.
This also ties into names. A business name is different from a company name, and they’re managed in different ways. If you’re deciding how to present your brand publicly, it helps to understand business name vs company name and how each interacts with your ABN or ACN.
If you’re leaning towards setting up a company for limited liability and growth, consider whether a company set up suits your plans. If you’ll have co-founders, it’s also smart to agree early on things like ownership and decision-making using a Shareholders Agreement.
Do You Need an ABN & How to Apply
Do I Need an ABN?
If you’re carrying on a business or enterprise in Australia, you’ll generally need an ABN. The line between a hobby and a business isn’t always obvious, so it’s smart to look at what the ATO considers a genuine enterprise - for instance, whether you intend to make a profit, do things in a business-like way, and operate with repetition and regularity.
If you’re unsure whether your activities count, it can help to review what defines a business activity in Australia so you know where you stand.
Trying to operate commercially without an ABN can be risky. Your clients may withhold tax from payments at the top marginal rate, and you may struggle to register a business name, sign up suppliers or open business accounts. For a fuller picture of the downsides, see what it means to run a business without an ABN.
How Do I Apply?
Applying is straightforward and usually done online. Have your proposed structure, activities and contact details ready.
- Confirm your structure: Decide if you’ll operate as a sole trader, partnership, company or trust (more on this below). Your structure affects what information you provide.
- Gather your details: Business activities, addresses, contact details and (if relevant) company or trust information.
- Apply online: Submit your details through the Australian Business Register. If everything is accurate, ABNs are often issued quickly.
- Consider GST: If you expect annual turnover of $75,000 or more (or you provide taxi/rideshare services), you’ll need to register for GST, which requires an ABN.
Accuracy matters. If your information suggests you’re not actually carrying on a business, your application can be delayed or refused.
Note: Tax rules change and your situation is unique, so it’s best to speak with your tax adviser or accountant about GST, PAYG and other registrations that may apply to you.
Can I Operate Without an ABN?
Some very small-scale or hobby activities may not need an ABN. As soon as you’re providing goods or services in a structured, ongoing way to make a profit, you’ll likely need one. Operating without one generally makes it harder to get paid and to run professionally.
What If I No Longer Need My ABN?
If you close your business or change how you operate, you may need to cancel your ABN. Keeping inactive ABNs alive can cause confusion with banks, customers and the ATO. If you later restart trading, you can look at reapplying.
After You Get an ABN: Compliance and Everyday Use
Invoicing and Getting Paid
Include your ABN on invoices so clients can pay you without withholding tax. Your invoices should clearly show your business details, ABN, date, description of goods or services, and (if registered for GST) the GST component.
GST and Tax Registrations
Register for GST if your turnover is at or above $75,000 per year, or if you provide taxi or rideshare services. You may also need PAYG withholding if you employ staff. Your accountant can help determine the right tax registrations and reporting cycle for your business.
Business Names and Branding
If you trade under a name other than your own (for example, “Fresh Bean Co.” instead of “Alex Smith”), you’ll need to register that business name using your ABN. This is separate from protecting your brand, which you can do by applying to register your trade mark for your name or logo.
Consumer Law
Most businesses selling goods or services to consumers must comply with the Australian Consumer Law (ACL). This includes being truthful in your marketing, honouring consumer guarantees and handling returns fairly. If you sell products, it’s worth understanding how warranties and guarantees work in practice under the ACL; many businesses start by reviewing their approach to consumer warranties.
Privacy and Data
Not every small business is covered by the Privacy Act 1988 (Cth). Generally, the law applies to “APP entities” - this includes most businesses with annual turnover over $3 million, and some smaller businesses in specific situations (for example, health service providers, businesses that trade in personal information, or those contracted to a Commonwealth agency). If the Privacy Act applies to you - or you choose to adopt best practice - publish a clear Privacy Policy explaining how you collect, use and store personal information.
Hiring and Workplace Compliance
If you employ staff, you must pay at least minimum entitlements under the Fair Work system, meet superannuation and payroll obligations, and provide a safe workplace. Each hire should have a written Employment Contract setting out key terms.
Online Terms and Website Essentials
If you sell online or operate a platform, publish clear Website Terms and Conditions to set the rules for use and limit your liability. If you sell goods or services via your website, you may also need online terms of sale or a customer agreement tailored to your business model.
What Legal Documents Should You Have?
An ABN opens the door to trading, but strong contracts and policies protect you once you’re inside. The right documents reduce disputes, clarify expectations and help you scale.
- Customer or Client Agreement: Sets out what you provide, how you get paid, timelines, IP ownership and liability limits. This can be a standard set of terms, or tailored contracts for different service lines.
- Website Terms and Conditions: For online businesses, terms that cover acceptable use, IP, disclaimers and limitations of liability. If you take orders online, pair these with clear terms of sale.
- Privacy Policy: If the Privacy Act applies to you - or you choose to implement best-practice transparency - publish a Privacy Policy that explains how you collect, use and protect personal information.
- Employment Contract: Sets hours, duties, pay, confidentiality and restraints for employees, and aligns with workplace laws.
- Contractor Agreement: If you engage contractors, document scope, deliverables, IP and confidentiality to avoid sham contracting risks.
- Supplier or Distribution Agreement: Clarifies pricing, delivery, quality standards, warranties and termination rights with suppliers and distributors.
- Non‑Disclosure Agreement (NDA): Protects confidential information when speaking with partners, developers, suppliers or investors.
- Shareholders Agreement: If you have co-founders or investors, a Shareholders Agreement covers ownership, decision‑making, issuing shares, exits and dispute resolution.
- IP and Brand Protection: Consider trade marks, design registrations or IP assignment clauses to keep your brand and creations in your business. Registering your brand with a trade mark helps prevent others from using it.
You won’t need every document on day one, but having the essentials in place before you start trading helps you avoid disputes and protect your cash flow.
Key Takeaways
- An ABN is your business identifier in Australia and is essential for invoicing, registering a business name, opening accounts and dealing with the ATO.
- ABN and ACN are different: all structures can have an ABN, but only companies receive an ACN. Choose the structure that fits your goals and risk profile.
- You’ll likely need an ABN if you’re carrying on a business or enterprise, not just a hobby. Operating without one can lead to withheld payments and lost opportunities.
- After you get an ABN, stay on top of GST, compliant invoicing, consumer law, employment obligations, and (if it applies to you) privacy compliance.
- Protect your business with clear contracts and policies - from Website Terms and Conditions and a Privacy Policy to employment documents and, where applicable, a Shareholders Agreement.
- Plan early, document the essentials and get tailored advice on structure, tax and contracts so your legal foundations support your growth.
If you would like a consultation on setting up your business with the right ABN and legal documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
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Government registers are useful, but they do not always cover the contracts, ownership terms and risk settings around the business decision.







