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.
Choosing the right setup for your business starts with understanding two acronyms you’ll see everywhere in Australia: ABN and ACN.
They sound similar, but they serve different purposes and apply to different business types. Getting them right from day one will help you invoice correctly, register the right details with government bodies, and build trust with customers and suppliers.
In this guide, we’ll break down what an ABN and an ACN are, who needs them, how to apply, and common mistakes to avoid. By the end, you’ll know whether you need an ABN, an ACN - or both - and what to do next.
What Is An ABN?
An Australian Business Number (ABN) is a unique 11‑digit identifier issued by the Australian Business Register (ABR) to businesses carrying on an enterprise in Australia.
You’ll use your ABN when dealing with the Australian Taxation Office (ATO), invoicing clients, registering for Goods and Services Tax (GST) if applicable, and interacting with suppliers or government agencies.
- Who needs one: Sole traders, partnerships, companies, trusts and any entity “carrying on an enterprise.”
- Where it appears: On tax invoices, quotes, purchase orders, and many business forms and websites.
- Why it matters: Without an ABN, other businesses may be required to withhold tax from payments to you at the top marginal rate.
If you’re weighing up the pros and cons, it’s worth reading through the advantages and disadvantages of having an ABN so you can decide when to apply and how to structure your operations around it.
ABNs don’t have a set “expiry”, but they can be cancelled if you’re no longer carrying on a business. If you’re unsure about continuity, it helps to know does an ABN expire and when the ABR may deactivate it.
What Is An ACN?
An Australian Company Number (ACN) is a unique 9‑digit identifier issued by the Australian Securities and Investments Commission (ASIC) to every company registered under the Corporations Act.
If you set up a proprietary limited company (Pty Ltd), you will be given an ACN at the time of registration. This number is used for company law purposes and must be displayed on certain public documents.
- Who needs one: Only companies registered with ASIC (for example, a Pty Ltd).
- Where it appears: On specific “public documents” such as company letterhead, invoices (if you don’t use your ABN), official notices, and certain forms lodged with ASIC.
- Why it matters: It identifies your company as a separate legal entity and is tied to your obligations under the Corporations Act.
If you’re thinking about incorporating, our team can guide you end‑to‑end with company set up, from reserving a name to issuing your first shares.
As part of incorporation, you’ll typically adopt a Company Constitution, ensure you have an Australian resident director, and receive an ASIC certificate of registration confirming your ACN.
ABN vs ACN: Key Differences At A Glance
Here’s how they differ in plain English:
- Purpose:
- ABN identifies your business for tax and government dealings.
- ACN identifies your company as a legal entity under company law.
- Who gets one:
- ABN: Any enterprise (sole trader, partnership, trust, company).
- ACN: Companies only (Pty Ltd and other company types registered with ASIC).
- Where it’s used:
- ABN: Invoices, quotes, dealings with the ATO and suppliers, GST registration.
- ACN: Company documents required by the Corporations Act and filings with ASIC.
- What appears on documents:
- Sole traders and partnerships display an ABN.
- Companies must display either their ACN or their ABN (the ABN includes the ACN digits) on prescribed public documents.
- Legal effect:
- ABN does not create a separate legal entity.
- ACN confirms your company is a separate legal entity with limited liability for shareholders.
A useful tip for companies: your 11‑digit ABN incorporates your 9‑digit ACN. On many documents, a company can display its ABN instead of its ACN, provided the ABN is clearly shown. For execution of documents, companies can also sign under section 127, which recognises specific ways a company may validly execute agreements.
Do You Need An ABN, An ACN - Or Both?
The short answer depends on your structure and activities:
Sole Trader
If you operate as a sole trader, you’ll need an ABN to issue invoices and interact with the ATO. You won’t have an ACN because you aren’t a company.
Partnership or Trust
Partnerships and trusts also use an ABN. They don’t have an ACN unless their trustee or operating entity is itself a company.
Company (Pty Ltd)
If you register a company, you’ll automatically receive an ACN from ASIC. Most companies also apply for an ABN to trade, invoice, and manage tax obligations. In practice, companies have both.
Trading Name vs Legal Name
If you want to trade under a name other than your legal entity name (for example, you’re a sole trader using a business name, or your company wants a brand name), you’ll need to register a business name. There’s a difference between a business name vs company name, and mixing them up can cause confusion on invoices and contracts.
When To Consider Incorporating
Many businesses start as sole traders for simplicity, then move to a company as they grow, take on risk, or bring in co‑founders or investors.
A company can provide limited liability, a clearer ownership and governance structure, and more credibility with suppliers. If you go down this path, it’s common to put in place a Shareholders Agreement to document ownership, decision‑making, and exits between founders.
How To Apply: Step‑By‑Step For ABN And ACN
Here’s a simple roadmap for each number. You can do these in either order, but most companies will register the company (and get an ACN) and then apply for an ABN for that company.
ABN Application (Any Business Structure)
- Confirm you’re “carrying on an enterprise.” This includes starting or intending to start a business with a commercial purpose.
- Gather details: your legal name, trading name (if any), business address, contact details, and your Tax File Number (TFN).
- Select your structure: sole trader, partnership, trust, or company (if already incorporated).
- Apply for your ABN via the ABR. You can also manage GST, PAYG withholding, and business name registration as part of the process.
- Display your ABN on invoices, quotes, and your website once issued.
Make sure your ABN details stay current. If you change address, contact details, or structure, update the ABR so suppliers and customers can verify your details without delay.
ACN (Company Registration)
- Decide on your company name or use the ACN as the name initially. Check availability and consider protecting your brand separately via trade marks later.
- Choose governance documents: a replaceable rules model or a tailored Company Constitution.
- Appoint directors and ensure you have at least one resident director.
- Determine share structure and initial shareholders. If there is more than one owner, consider a Shareholders Agreement to avoid future disputes.
- Register the company with ASIC. On approval, you’ll receive your ACN and an ASIC certificate of registration.
- Apply for the company’s ABN and any necessary tax registrations (GST, PAYG withholding) linked to the company.
If you’d like help with the forms and setup, our lawyers can handle the company set up process and prepare the documents you’ll need to start trading confidently.
Common Compliance Mistakes (And How To Avoid Them)
A few simple checks now can save headaches later.
Using The Wrong Number On Documents
As a sole trader or partnership, your invoices should show your ABN. If you’re a company, you must display your ACN or ABN on documents prescribed by the Corporations Act (if you use your ABN, it supersedes the need to show the ACN on that document because it contains your ACN digits).
Also consider how you sign contracts. Companies should adopt an execution process that aligns with section 127 to reduce the risk of enforceability disputes.
Mixing Up Entity Names And Business Names
Your legal entity name (for example, “Example Pty Ltd”) is different from your trading name (the registered business name). Keep them consistent across invoices, websites and contracts, and make sure you understand the difference between a business name vs company name.
Forgetting Core Company Documents
Newly formed companies sometimes overlook governance documents. A tailored Company Constitution and a Shareholders Agreement help clarify decision‑making, share transfers, founder exits, dividends and more.
Letting ABN Details Go Stale
ABNs can be cancelled if you’re no longer carrying on a business. Keep your details up to date and review whether you still meet the criteria. If you’re concerned, revisit whether an ABN can expire and what changes trigger updates.
Presenting Your Business Incorrectly Online
Make sure your website footer and contact pages display the right legal information: entity name, ABN (and ACN if you choose). Align these with your invoices and contracts so customers and suppliers can easily verify who they’re dealing with.
Key Takeaways
- An ABN is for tax and government dealings and can be held by any business type; an ACN is issued only to companies by ASIC.
- Many companies will hold both: the ACN identifies the company under the Corporations Act, and the ABN is used for invoicing and tax registrations.
- On prescribed company documents, display your ACN or clearly show your ABN (which includes your ACN digits).
- Choose the right structure for your goals. Sole traders and partnerships use an ABN, while companies also need an ACN and should consider a Constitution and Shareholders Agreement.
- Avoid common mistakes: keep ABN details current, use the correct numbers on documents, and don’t confuse your company name with your registered business name.
- If you plan to incorporate, get your setup right from day one with your resident director, constitution, and registration paperwork in order.
If you’d like a consultation about ABNs, ACNs or setting up your company, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.


