Doing business in SA

  1. Business Advice and Support – You can find a range of advice and support available from government and other organisations. These include information and advice on starting a business, operating a business, training, etc.

  2. Business Registration – Before you start your business, you have to decide your business structure first. Based on your business structure, there are a number of registrations you need to complete before you can commence your business.

  3. Taxation and Accounting – Understanding taxes and meeting your taxation obligations can save you time and money. Well managed record keeping and accounting systems are the fundamentals to your overall business success.

  4. Legal requirement – There are a number of legal requirements businesses must comply with, which include federal, state and local government laws, licenses, registrations and leases. By complying with the law, your business interests are protected.

  5. Employing people-  Employers and employees have certain obligations to each other under common law. Employers also have obligations under federal and state and territory laws, industrial awards and agreements, tribunal decisions and contracts of employment. Managing your employees well by understanding how to employ people and treat your employees in the right way.

  6. Buying an established business – Buying an established business is an option that some migrants would prefer. Before signing a purchase agreement, you should consider a number of issues.

  7. Exporting and Importing – Exporting and importing might be a business option that some migrants may become involved with using the knowledge and networks in their home countries. However, successful international trade does not happen by accident, it needs careful planning and commitment.


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1. Business Advice and Support


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2. Business Registrations

  • Before you start your business, you should consider the advantages and disadvantages of each type of structure. Click here for a copy of Tax Basics for Small Business booklet from Australian Taxation Office, which contains useful information, such as business structure, ABN, GST and PAYG.

  • If you wish to form a company, you should contact Australian Securities and Investments Commission (ASIC). Click here to find compliant information and register as a company.

  • If you are carrying on an enterprise or you intend to register for Goods and Services Tax (GST), you need to apply for an ABN. Click here to register online.

  • If you have or expect of have annual sales of $50,000 or more you must register for GST. Taxi and hire car operators must register for GST regardless of annual turnover. If you are eligible for GST, you must also register for an ABN. You can register for GST on the ABN application

  • You have a legal requirement to withhold tax from payments you make to employees and some businesses. You need to make sure that you register for PAY AS YOU GO (PAYG). Click here for PAYG information.

  • You are required to register your business name in South Australia, unless you plan to conduct your business under your or your partner’s, first name and surname, or initials and surnames. To check the availability of your proposed business name, please search ASIC National Names Index.

  • You should check whether any one is using a trade mark, brand or logo that is identical or similar to your proposed business name on similar goods or services to those in relation to which you intend to use the business name. For more information, please contact IP Australia.

  • Business name registration is handled at the state government level. Click here for an online Application for Registration of A Business Name.

  • Australian, state and local governments are responsible for different business licences, permits, registrations and certificates. For Business Licence Information Service (BLIS), please click here .

  • Intellectual property (IP) covers a range of laws that give individuals and businesses exclusive rights over their creative and inventive projects. Click here for patents, trade marks, designs and plant breeder’s rights.

  • Your domain name is your address on the internet and gives you an online identity or brand. If you wish to buy a .com.au or .net.au domain name. You must be a commercial entity and possess either an ACN or ABN. Click here for more information.

  • You also can consult a business adviser, accountant or solicitor for advice. To find an accountant:
    • CPA Australia, SA office 08-8232 3188. Click here to find a CPA.
    • Institute of Chartered Accountants, SA office 1800 645 947. Click here to find a CA.
    • National Institute of Accountants, SA office 08-8227 2255. Click here to find a NIA.

  • To find a solicitor:
  • To find a business advisor:
    • Please see the Business Advice and Support list
    • Register of Business Consultants, click here to find a business consultant.

 

  • Under tax law, you must keep records of income tax, GST, payments to employees and other business payments for a certain period of time. Although bookkeepers can not give advice about tax, professional bookkeepers can provide Business Activity Statement (BAS) services. For more information on your record keeping requirements, click here.


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3. Taxation and Accounting

  • Click here to find out if Business Income Tax, Goods and Services (GST), Capital Gains Tax (CGT), and Excise Duty apply to your business.

  • Local and state governments also have a number of taxes that may apply to your business.
    1. For Land Tax information and payment, click here
    2. For Stamp Duty information and payment click here
    3. For Pay-roll Tax information and payment, click here

 

  • Home-Based business

    • Running a home-based business can affect what expenses you can claim and whether you have to pay Capital Gains Tax when you sell your home. Click here for more information.
    • Home-based business may need to inform their local government abut the use of their property as a business premises. For more information or payment, contact your local council.

  • For information about what deductions for your business expenses you may be able to claim when you lodge your income tax return, click here.

  • Simplified Tax System (STS) is an alternative method of determining taxable income from eligible small businesses with straightforward financial affairs, for more information click here.

  • You must lodge an income tax return each year you are in business – even if you do not make a profit or have no tax to pay. For more information click here.

  • To report and pay your taxes throughout the year including Goods and Service Tax (GST), Pay As You Go (PAYG) and Fringe Benefits Tax (FBT), you will need to lodge a Business Activity Statement (BAS). You can register to lodge online trough the Business Portal at www.ato.gov.au/onlineservices or by using a paper form available by phoning the Australia Taxation Office on 1300 720 092.

  • Once you have lodged your income tax return or activity statement, you can pay you tax by BPAY, direct credit, direct debit, mail or in person at the post office, for more information click here.

  • You also can consult an accountant or business advisor for advice.
    To find an accountant:
    • CPA Australia, SA office 08-8232 3188. Click here to find a CPA.
    • Institute of Chartered Accountants, SA office 1800 645 947. Click here to find a CA.
    • National Institute of Accountants, SA office 08-8227 2255. Click here to find a NIA.

  • To find a business advisor:
    • Please see the Business Advice and Support list
    • Register of Business Consultants, click here to find a business consultant.


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4. Legal requirement

  • There are a number of legal requirements businesses must comply with, which include federal, state and local government laws, licences, registrations and leases.
    • For information on general legal issues relevant to small business click here
    • For Business Licence Information Service click here

  • The federal Trade Practices Act and state Fair Trading Acts protect you, your business and your customers from unfair trading practices. For more information, see the following sites.
  • If you intend to obtain or have a leasing agreement, click here to find out what questions to ask before signing and where to look for more information.

  • If using the internet as a business tool, you have to understand your online legal and consumer obligations.
    • Click here for e-business guide, a guide to doing business online.
    • Click here for advice and information on your online legal obligations.
    • Click here to understand intellectual property particularly if you are trading overseas.
    • Click here for more information about Privacy laws.
    • Click here for more information about Spam laws.

  • Consult a solicitor or a business advisor for more advice on your legal requirements.
    To find a solicitor:
  • To find a business advisor:
    • Please see the Business Advice and Support list
    • Register of Business Consultants, click here to find a business consultant.


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5. Employing people

  • If you employ people, you and your employees have certain obligation to each other under common law. You may also have obligations under federal and state law, industrial awards and agreements, tribunal decisions and contracts of employment.
    To understand your and your employees’ obligations:
  • If you need recruitment, you can contact:
  • If you have contractors, you will need to treat your contractors differently to your employees for Pay As You Go (PAYG) withholding, Fringe Benefit Tax and Superannuation guarantee purposes. Click here for more information.

  • If you want to engage apprentices and trainees, you need to contact Business SA, Australian Apprenticeship Centre, click here for more information.

  • If you employ people from overseas, you need to contact Department of Immigration and Citizenship (DIAC), click here for more information.

  • Your obligations as an employer require you to create a workplace with equal employment opportunity and anti-discrimination. Click here for more information.

  • As an employer you have tax and superannuation obligations.
    • You need to register for PAYG and make regular payments to the Australian Taxation Office, also make sure you withhold correct amounts from salary and wages and report them on your BAS. Click here for more information.
    • You need to pay superannuation guarantee contributions for most employees and certain contractors. You also need to know your obligations if your employees fall under Super Choice legislation. Click here for more information.
    • Pay-roll tax is a state tax. If you have a wages bill over the South Australian Pay-roll Tax threshold for services rendered by employees anywhere in Australia if any of those services are rendered or performed in SA. Click here for more information.
    • You need to register and pay Fringe Benefits Tax (FBT) if you give your employees non-cash benefits, such as the use of a company car or mobile phone. Click here for more information.

  • For skills development and training information:
  • For information about handling complaints and disputes:
  • For information on your obligations to your employees, eligible termination payments and the taxation implications of ending employment:
  • There is a minimum standard of pay, conditions and entitlements for your employees. As an employer, you need to ensure this standard is maintained and that their rights are protected. For more information:
  • Changes to the Workplace Relations Act 1996 came into effect on 27 March 06, you need to ensure you are meeting your obligation under the new federal system. Click here for more information.

  • As an employer, you have obligations to meet under the Occupational Health & Safety (OH&S) laws. Click here for more information. or contact Business SA Workplace Services for advice.

  • For other OH&S advice and assistance:
  • As a business owner, you must notify WorkCover in the event of an accident or injury of your employee. Click here for more information about your responsibilities as an employer.

  • As an employer, you must provide workers compensation insurance for your employees in the event of an accident or sickness. Click here for more information.

  • For information about your public liability insurance obligations, and any other type of insurance you may need, click here to find an insurance company or insurance broker.


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6. Buying an established business

  • Before signing a purchase agreement, you should consider the business’ current value and future prospects, financial records, intellectual property issues, taxation issues, legal obligations and so on. Please refer information in other topics to this section and consult an accountant, business advisor or solicitor for advice:

  • To find an accountant:
    • CPA Australia, SA office 08-8232 3188. Click here to find a CPA 
    • Institute of Chartered Accountants, SA office 1800 645 947. Click here to find a CA 
    • National Institute of Accountants, SA office 08-8227 2255. Click here to find a NIA

  • To find a solicitor:
  • To find a business advisor:
    • Please see the Business Advice and Support list
    • Register of Business Consultants, click here to find a business consultant.

  • If buying a franchise, the following information may be useful to you:
    • Click here for information on your franchising rights and obligations. 
    • Click here for a copy of the Franchising Code of Conduct. 
    • Click here for more information about the Intellectual Property issues.
    • If a dispute occurs and it can’t be resolved between the franchisor and franchisee, the Office of the Mediation Advisor can help you resolve it without going to court. Click here for more information.

  • You can buy a business from a business broker or private seller. To find a business broker click here.

  • You may need a conveyancer or solicitor to do the settlement for you.
  • To find a solicitor:


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7. Exporting and Importing

  • You may be eligible for grant and assistance, for more information:
    • GrantsLink, click here for more information.
    • Austrade Export Grant, click here for more information.
    • Department of Trade and Economic Development, Market Access Program, click here for more information.

  • You may be eligible for financial assistance, click here for more information.

  • To understand your Customs requirements click here.

  • To find out what quarantine requirements apply to your goods click here.

  • For information to check if your goods contain an industrial chemical click here.

  • To understand Australian labelling laws click here.

  • For information about exporting from South Australia click here.

  • For export information and documentation information click here.

  • For general export information and assistance click here.

  • For wine export information and requirement click here.

  • Contact banks for financing and international trade payment issues. Click here to find a bank.

  • You may need a freight forwarder to help you with your shipping arrangement. Click here to find a forwarder.

  • A customs broker can help you with your customs and quarantine issues. Click here to find a customs broker.

 

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