An extremely important distinction between a sole tradership or partnership and 
limited company is the concept of limited liability.

http://en.wikipedia.org/wiki/Limited_liability

To summarise: a limited company (ie Pty Ltd) is a structure which protects you 
personally from any debts a company could incur whereas a sole tradership does 
not do this. In other words you would be personally liable for all debts of a 
sole tradership.

If you have significant personal assets (like a house for example) then a sole 
tradership might be somewhat risky. But ultimately the choice, like most 
things, depends on your personal situation. Seek professional advice from a 
good accountant/lawyer.

Cheers,
Josh

PS I'm not an accountant or a lawyer


On 11/05/2010, at 1:10 PM, Anthony Richardson wrote:

> I'm not an accountant or lawyer, so take this with a grain of salt.
> 
> You don't need a company, you can start as a sole trader, but you will need 
> an ABN. You will probably need a company if you want a merchant account from 
> a bank. If you don't register a company and don't want to trade using your 
> name, you will need to register a trading name, so a company might be easier 
> anyway.
> 
> You will need to register for GST if you are going to turn over a certain 
> amount of money (forget the limit) but if you are trading to Australian 
> business you will probably want to register for GST so that your customers 
> get a familiar Tax Invoice with GST etc..
> 
> All in all having a company can make lots of things easier, but there are 
> setup and ongoing costs. If you want ot draw a wage you will need to register 
> for workcover and setup PAYG etc... although you may be able to get by using 
> dividends instead of a wage, talk to your accountant.
> 
> Regards,
> 
> Anthony Richardson
> 
> 
> On Tue, May 11, 2010 at 12:27 PM, Joshua Partogi <[email protected]> wrote:
> Hi all,
> 
> Related to this topic, to start a startup business in Australia, what
> do we need from legal perspective? Do we only need an ABN? Is there
> anything else that we need? Also, is there anything like LLC here in
> Australia?
> 
> Kind regards,
> Joshua
> 
> On Tue, May 11, 2010 at 8:25 AM, Jason Kotchoff
> <[email protected]> wrote:
> > Hey, thought there might be a few rails peeps out there who would find
> > this interesting - I just got an article up at:
> > http://www.ipitch.com.au/public/articles/bootstrapping-a-startup-for-under-1000-technology-cloud-hosting-sweat-equity/
> >
> > and it talks a little about some pros and cons of doing your own thing
> > (as opposed to taking a paid gig).
> >
> 
> 
> 
> 
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