Corporate Setup & ABN

Corporate Establishment & ABN Registration Desk

Establishing a new corporate entity in Australia requires careful planning to ensure it meets your legal, operational, and tax objectives. A poorly designed corporate structure can lead to personal liability exposure, high tax rates, and complex restructuring processes. At Executive Advisors, our Corporate Setup desk manages company registration and ABN setup from our office in Fortitude Valley, Brisbane, ensuring your business is built on a solid foundation from day one.

We work with founders, corporate groups, and international companies to incorporate entities in Australia. From choosing the right share structures and drafting custom constitutions to securing tax registrations (such as ABN, TFN, GST, and PAYG withholding), we handle the entire process to get your business operational quickly and compliantly.

"Corporate setup is not just about filing forms; it is about designing the legal architecture of your business. The decisions you make during incorporation will shape your tax exposure and liability protection for years to come."

Strategic Entity Structuring

We analyze your business model, capital requirements, and risk profile to recommend the optimal legal entity for your operations.

Proprietary Limited (Pty Ltd) Companies

A Pty Ltd company is the most common structure for operating businesses in Australia. It offers limited liability protection, separating your personal assets from company debts. We design custom constitutions and share structures, ensuring they accommodate current founders and future investment rounds.

Corporate Trustee Setup

For clients establishing family trusts or Self-Managed Superannuation Funds, we set up specialized corporate trustee companies. A corporate trustee provides superior asset protection and structural continuity compared to individual trustees, ensuring trust assets are managed under a secure corporate framework.

ABN & Tax Registration Integration

An Australian Business Number (ABN) is a unique 11-digit identifier required to operate a business in Australia. We manage the ABN application process and integrate it with essential tax registrations, including Tax File Numbers (TFN), Goods and Services Tax (GST) for businesses with turnover exceeding $75,000, and Pay As You Go (PAYG) withholding for employers.

Corporate Entity Structural Comparison

Selecting the right entity structure requires balancing setup costs, tax treatments, liability protections, and regulatory compliance requirements.

Structure Type Setup Complexity Tax Rate Framework Asset Protection Level Regulatory Reporting
Proprietary Company (Pty Ltd) Moderate; requires ASIC registration and annual review. 25.0% (Base Rate Entity) or 30.0% flat corporate rate. High; limited liability isolates personal assets from company debt. Annual ASIC company statements and corporate tax returns.
Discretionary Family Trust High; requires trust deed drafting and trustee setup. Flows to beneficiaries; taxed at their marginal rates. Undistributed income taxed at 45%. High; assets held by trustee, protecting them from individual creditor claims. Annual trust tax returns and distribution resolutions before June 30.
Partnership Low; requires partnership agreement. Flows to partners; taxed at their individual marginal rates. Low; partners share joint and several liability for all partnership debts. Annual partnership information tax return.
Sole Trader Very Low; registered under individual name. Taxed at individual marginal rates (up to 47%). None; individual is personally liable for all business debts. Reported on individual tax return.

Frequently Asked Questions

What is the difference between an ACN and an ABN? +
An Australian Company Number (ACN) is a unique 9-digit identifier issued by ASIC to a company upon incorporation, representing its legal identity. An Australian Business Number (ABN) is an 11-digit identifier issued by the ATO, required for tax and transaction purposes. All companies have an ACN, and they use their ACN to secure their ABN.
What is a company constitution and do we need a custom one? +
A company constitution is a legal document that governs the internal management of a company, including rules for director appointments, share transfers, and shareholder voting rights. If a company does not have a constitution, it operates under ASIC's "Replaceable Rules". We recommend a custom constitution for businesses with multiple shareholders to establish clear governance protocols and share transfer restrictions.
What are the director residency requirements for Australian companies? +
Under the Corporations Act, a proprietary company (Pty Ltd) registered in Australia must have at least one director who ordinarily resides in Australia. Public companies (Ltd) must have at least three directors, with at least two ordinarily residing in Australia. For foreign companies looking to set up Australian operations, we offer local resident director services to satisfy this requirement.