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.
Starting or growing a business in Australia? Getting an Australian Business Number (ABN) is usually one of the first admin tasks on your list. It unlocks essential registrations, helps you invoice properly, and signals to suppliers and customers that you’re operating as a legitimate enterprise.
In this guide, we’ll cover what an ABN is, when you actually need one, what information to gather, how to apply (step by step), and the key legal set-up to consider alongside your application. We’ll also clear up common misconceptions (including outdated advice) so you can move forward with confidence.
What Is An ABN?
An ABN is an 11‑digit identifier issued by the Australian Business Register (ABR). It’s used by government agencies, other businesses and your customers to identify your enterprise for tax and business purposes. You’ll include your ABN on invoices and certain contracts, and it’s required for a range of other registrations (like GST and a business name).
Think of it as your business “reference number” across government and industry systems. On its own, an ABN doesn’t create a business structure or change your legal liability - it’s simply a registration number attached to your chosen structure (sole trader, partnership, company, or trust).
If you’re weighing up an ABN, it’s worth understanding the ABN advantages as part of your broader business plan.
Do You Need An ABN In Australia?
You generally need an ABN if you are “carrying on an enterprise” in Australia (or starting one). That covers most businesses and many side hustles, but there are exceptions. You can operate without an ABN in limited situations - however, payers may be required to withhold tax from payments to you at the no‑ABN withholding rate, you can’t register a business name, and you’ll miss out on certain credits and concessions. If you’re unsure, it’s helpful to consider how the law defines a business activity and what it means for your set‑up.
Common scenarios where an ABN is needed include when you:
- Are running a business (for example, selling products or services with a commercial intention and repetition, rather than a one‑off hobby sale).
- Want to register for Goods and Services Tax (GST) - required if your GST turnover is $75,000 or more (or if you provide ride‑sourcing/taxi travel, regardless of turnover).
- Need to register a business name that’s different to your legal name.
- Engage with larger businesses or government, who will typically require you to quote an ABN on invoices.
It’s possible to be paid for work without an ABN in narrow cases, but you’ll run into practical issues (including withholding and credibility). If you’re on the fence, read more about running a business without an ABN and when it may or may not be appropriate.
Important tax note: ABN, GST and PAYG registrations are related but separate. Whether you must register for GST depends on your turnover and activities. Pay As You Go (PAYG) withholding is relevant if you have employees (and in some contractor situations). Always check your tax obligations based on your specific circumstances.
What You Need Before You Apply
A smooth ABN application starts with good preparation. Have the following details on hand.
Personal Details (Controllers and Associates)
- Full legal name, date and place of birth.
- Residential address and contact details.
- Your Tax File Number (TFN) - optional but helps speed up processing.
Business Details
- Your proposed structure (sole trader, partnership, company, or trust).
- The legal name of your entity and, if applicable, your trading name.
- Date you started or will start carrying on the enterprise.
- A concise description of your main business activity.
- Details of any previous ABN held by you or associated entities.
- If you’ve set up a company, your Australian Company Number (ACN).
Identity And Authorisation
- Identity information for key people (e.g. directors, partners, trustees or associates).
- Authority details if someone is lodging the application on your behalf (e.g. a tax or BAS agent).
Business Name And Branding
If you plan to trade under a name that isn’t your own legal name, you’ll need to register a business name (which requires an ABN). Understanding the difference between a business name vs company name will help you decide what to register and in what order.
How To Apply For An ABN (Step‑By‑Step)
Applying for an ABN is an online process and, in many cases, approval is immediate. Here’s how to approach it, from planning to confirmation.
1) Choose Your Business Structure
Your structure determines how you apply, your tax obligations and your personal liability. High‑level options include:
- Sole Trader: Simple and low cost. You operate as an individual with an ABN. You are personally liable for business debts and obligations.
- Partnership: Two or more people/entities in business together. Partners share control, income and liability.
- Company: A separate legal entity that can protect personal assets (limited liability) if run properly. Directors have duties and there are more compliance steps.
- Trust: A structure where a trustee runs the business for the benefit of beneficiaries. Common for certain tax and asset‑protection strategies; involves extra administration.
If you’re planning to scale or want liability protection, it’s worth exploring company set up before you apply for an ABN, because the ABN will attach to your chosen structure from day one.
2) Gather Your Information
Collect the personal and business details listed above. If you already have an ACN (for a company), keep those details handy. If you’re still deciding whether your activities amount to a business, review this practical guide to a business activity definition.
3) Complete The Online ABN Application
Head to the ABR’s online application and work through each section. The form will tailor questions based on your structure. Answer carefully and consistently - mismatches (for example, dates or spelling variations across records) are a common cause of delays.
Tip: If you need to access online government services for your business after you get your ABN, use myGovID (your digital identity app) and Relationship Authorisation Manager (RAM) to link your identity to your business in the Australian Taxation Office (ATO) systems. AUSkey has been retired and is no longer used.
4) Consider Related Registrations
Within or shortly after your ABN application, you may also opt to apply for:
- GST: If your GST turnover meets or is likely to meet the registration threshold, or you provide ride‑sourcing/taxi travel.
- PAYG Withholding: If you’ll have employees or certain contractors.
- Business Name: If trading under a name that’s not your legal name.
5) Submit And Save Your Confirmation
Many applicants receive their ABN immediately. If more checks are needed, the ABR may contact you or request additional information - keep an eye on your email and be ready to respond promptly. Save and securely store your ABN confirmation for future reference.
Troubleshooting Tips
- Be precise: Inconsistent details (addresses, dates, name spellings) can trigger manual review.
- Describe activities clearly: Use plain language for what you actually do (e.g. “online retail of handmade candles”).
- Double‑check start dates: Pick your commencement date based on when you began (or will begin) the activity - not when you had the idea.
- Keep records: Store copies of your application and confirmation. You’ll need your ABN for invoicing and registrations.
Set Up Your Business The Right Way (Beyond The ABN)
Getting your ABN is one piece of the puzzle. The next steps help protect your brand, manage risk and stay compliant as you start trading.
1) Structure, Names And Ownership
- Confirm your structure: If you anticipate growth, investors or risk exposure, consider whether a company structure is a better fit and proceed with company set up.
- Register your business name: If you’ll trade under a name that isn’t your legal name, register it linked to your ABN. Clarify how a business name vs company name work together.
- Founder arrangements: Where there’s more than one founder or investor, put in place a Shareholders Agreement (for companies) or an appropriate partnership or unitholders agreement. These documents cover ownership, decision‑making, exits and dispute resolution.
2) Contracts And Customer Terms
- Customer Terms & Conditions: Set clear rules for pricing, scope, delivery, refunds and liability. If you sell online, your website should include tailored terms.
- Privacy Policy: If you collect any personal information (e.g. through a website, checkout or mailing list), the law may require a transparent Privacy Policy explaining what you collect and how you use it.
- Website Terms: Publish website terms to cover acceptable use, IP ownership and liability. These typically sit alongside your Privacy Policy and other customer terms.
3) Hiring And Contractors
- Employment Contracts: If you hire staff, use a compliant Employment Contract and follow Fair Work requirements (pay, hours, leave, and workplace policies).
- Contractor Agreements: If you engage contractors, have clear written terms about scope, IP ownership, confidentiality and payment milestones.
4) Financial And Tax Settings
- Invoicing with your ABN: Include your ABN on invoices. If registered for GST, issue tax invoices and keep records for BAS lodgements.
- Banking and bookkeeping: Use separate business banking and reliable bookkeeping so you can track turnover for GST obligations and manage PAYG if relevant.
If you’re still deciding whether to apply now or wait, weigh up the practical benefits and risks by revisiting the ABN advantages and what can happen if you trade without one.
Common ABN Myths And Mistakes (And How To Avoid Them)
Even simple applications can go off track. Here are common pitfalls we see - and what to do instead.
- Myth: “Every enterprise must have an ABN.” Not always. You need an ABN when you’re carrying on an enterprise. Some activities don’t require an ABN, but practical issues (like no‑ABN withholding and credibility) often make getting one the smart move.
- Myth: “AUSkey is required for online services.” AUSkey has been retired. Use myGovID with Relationship Authorisation Manager (RAM) for online government services linked to your ABN.
- Using the wrong structure: Applying as a sole trader when you really need a company can create headaches later. Decide structure first, then apply. If you plan to incorporate, handle your company set up before attaching an ABN to the wrong entity.
- Inconsistent details: Ensure names, addresses and dates match other registrations (e.g. your driver licence, ACN records). Small inconsistencies can trigger manual review.
- Assuming hobby income is a business: If your activity is irregular, small scale and not commercial in character, you might not be carrying on a business. Use the business activity definition to sense‑check your situation.
- Trading under an unregistered name: If your trading name differs from your legal name, register it once you have your ABN. Clarify the difference between a business name vs company name so you register the right thing.
- Forgetting the compliance layer: An ABN isn’t the end of the set‑up journey. Put key contracts and policies in place (such as a Privacy Policy and founder agreements) before you start taking payments or hiring staff.
Key Takeaways
- An ABN is an 11‑digit identifier used across government and industry - it doesn’t create your structure or change your liability by itself.
- You generally need an ABN when you’re carrying on an enterprise in Australia; without one, payers may withhold tax and you can’t register a business name.
- Choose your structure before applying - many growing ventures opt for a company and complete their company set up first so the ABN attaches to the right entity.
- Have your personal details, business description, start date and (if relevant) ACN ready to speed up the application.
- Use myGovID and RAM for online government services - AUSkey is no longer used.
- Protect your venture beyond the ABN with core documents like a Shareholders Agreement, customer terms, and a compliant Privacy Policy.
- If you’re unsure whether your activities amount to a business, review the business activity definition - and consider the practical challenges of trading without an ABN.
If you would like a consultation on applying for an ABN (and setting up your structure and contracts the right way), 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.







