Set Up A Partnership In Australia
As the 6th largest country worldwide, Australia is one of the most favored countries for business incorporation. The nation’s highly educated workforce, lower GST rates and favorable business environment make Australia an attractive location for investors. When it comes to establishing a business in Australia, opting for a partnership can be a practical and advantageous choice for many entrepreneurs. This article delves into the process of how to register a partnership in Australia, outlining the different types of partnerships, their benefits, the necessary steps for registration, and ongoing compliance requirements. This guide aims to provide a thorough understanding of what it takes to successfully register and maintain a partnership in Australia.
Types of Partnerships in Australia
Before learning how to register a partnership in Australia, it’s essential to understand the different types available.
Primarily, there are three types of partnerships in Australia:
- General Partnerships (GP): In a GP, each partner is equally accountable for running the company and is personally liable for any debts incurred.
- Limited Partnerships (LP): LPs have both general and limited partners. Limited partners have restricted liability and usually avoid being involved in day-to-day operations.
- Incorporated Limited Partnerships (ILP): In an ILP, limited partners have limited liability, and the partnership has a separate legal identity.
Documents Required for Registering a Partnership in Australia
When registering a partnership in Australia, certain documents are necessary to complete the process:
- Partnership Agreement: While not legally required, a written partnership agreement is strongly recommended. The conditions of the partnership are described in this contract, along with profit sharing, duties and obligations, and conflict resolution procedures.
- Australian Business Number (ABN) Registration: A completed ABN application form is required. Its distinct 11-digit number is necessary for all business dealings.
- Tax File Number (TFN): The partnership must have its own Tax File Number in Australia for tax purposes.
- Business Name Registration: If the partnership will operate under a name other than the partners’ names, a business name registration form must be filed with the Australian Securities and Investments Commission (ASIC).
- Goods and Services Tax (GST) Registration: If the partnership’s turnover is over AUD 75,000 per year, registration for GST in Australia is necessary.
Steps to Register a Partnership in Australia
Choosing a Business Name
The first step is selecting a unique business name that complies with Australian regulations. It must not be deceptive or replicate an already-existing enterprise. Make a good choice because this will be your brand identity.
Obtaining an Australian Business Number (ABN)
All partnerships in Australia need an Australian Business Number. This 11-digit number is used in all business dealings and is essential for taxation reasons. Applying electronically for an ABN is possible at the Australian Business Register portal.
Registering the Business Name
If your partnership will operate under a name different from the partners’ names, you must register this name with the Australian Securities and Investments Commission (ASIC). This can be done online and guarantees the legal recognition of your company name.
Drafting a Partnership Agreement
While not legally required, a comprehensive partnership agreement is strongly advised. This agreement should specify each partner’s investment, obligations, profit-sharing percentage, means for resolving conflicts, and steps involved in adding or removing partners.
Registering for Taxes
Depending on your partnership’s size and nature, you may need to register for various taxes. This includes Goods and Services Tax (GST) if your turnover is more than AUD 75,000 per year, and Pay As You Go (PAYG) withholding if you employ staff.
State or Territory Registration
Some Australian states and territories require partnerships to be registered separately. Check your local government’s requirements to guarantee compliance.
Opening a Bank Account
To manage finances effectively, open a bank account in the name of the partnership. This requires the partnership agreement and identification documents.
Ongoing Compliance Requirements for a Partnership in Australia
To maintain a partnership in Australia, ongoing compliance is key:
- Annual Statement Review: Review and update your details with ASIC annually.
- Tax Filings: Submit annual tax returns and pay any due taxes.
- Record Keeping: Keep thorough and precise financial records.
- Renew Registrations: Ensure that your business name and other relevant registrations are kept current.
Benefits of Registering a Partnership in Australia
Registering a partnership in Australia comes with several benefits:
- Flexibility and Simplicity: Forming and running a partnership is comparatively simple.
- Tax Advantages: Partnerships transfer their gains and losses to their partners rather than being taxed directly.
- Combined Resources and Expertise: Partnerships make it possible to combine resources and knowledge, which is advantageous for the expansion of businesses.
Registering a partnership in Australia can be a successful approach to launching and expanding a company. There are many advantages to registering a partnership in Australia, including tax savings, ease of acquiring money, and flexibility in management and operation.
If you are looking to register a partnership in Australia, you may contact our experts from OnDemand International. At OnDemand International, our seasoned experts specialize in guiding you seamlessly through the entire company formation process. From document compilation to securing essential business licenses, we ensure that every step of the process is hassle-free for you. If you’re considering partnership registration in Australia, trust our experts to pave the way for your business success. Contact us today for expert assistance and embark on a trouble-free journey toward business incorporation.
The registration process can vary, however, it may usually be finished in a few days to a week.
Yes, but all partners, including international ones, must have an Australian Tax File Number (TFN).
Partnerships themselves don’t pay tax, but every partner is required to report on their personal tax return their portion of the partnership’s profit or loss.
No, but it is highly advisable to avoid future disputes.
Dissolving a partnership typically involves settling debts, distributing assets, and notifying ASIC and other relevant bodies.