Partnership in Australia

Going into business with someone else can be one of the best decisions you ever make or one of the worst. The difference usually comes down to one thing: how well you understand the partnership structure before you start.
In this blog, I’m breaking down everything you need to know about business partnerships in Australia, the good, the bad, and the part most people only find out about when it’s too late.

WHAT IS A PARTNERSHIP?
A partnership is simply two or more people who run a business together and share the income or losses between themselves. It could be two friends starting a café. Two tradies running a building business. Two professionals sharing a practice. Or even family members going into business together.

Unlike a company, a partnership is not a separate legal entity. The partners and the business are essentially linked which has some important consequences we’ll get to in just a moment. And here’s something many people don’t realise partnership laws actually vary between states and territories in Australia. So the rules in New South Wales may be slightly different to Queensland or Victoria. Always check the laws that apply where you operate.

TYPES OF PARTNERSHIPS 
There are two main types of partnerships in Australia.

The first is a General Partnership this is the most common. All partners share equally in the management of the business and are equally responsible for its debts and obligations.

The second is a Limited Partnership where some partners contribute money but take no active role in running the business. Their liability is limited to how much they’ve invested. However, at least one partner must still be a general partner with full liability.

Most small businesses use a general partnership it’s simpler and more straightforward to set up.

HOW TO SET ONE UP
Setting up a partnership in Australia is relatively simple. Here’s what you need:

Step 1: Apply for a partnership ABN yes, the partnership gets its own ABN, separate from the individual partners.
Step 2: Register a business name with ASIC if you’re trading under a name other than the partners’ own names.
Step 3: Register for GST if your combined income will exceed $75,000 per year.
Step 4: And most importantly create a Partnership Agreement. 

Partnership Agreement is a legal document that sets out how profits are split, how decisions are made, and what happens if a partner wants to leave. Without one, disputes can get very messy, very fast.

TAX IN A PARTNERSHIP 

Here’s how tax works in a partnership and it’s important to understand this clearly. The partnership itself doesn’t pay income tax. Instead, each partner reports their share of the partnership income in their own individual tax return and pays tax at their personal income tax rate. The partnership does need to lodge a partnership tax return each year but this is just to show the ATO how the income was divided. The actual tax is paid by each partner individually. 

If the business makes $200,000 profit and you have two equal partners each partner declares $100,000 as personal income and pays tax on that amount.

THE BIG RISK — JOINT LIABILITY 
Now here’s the part you absolutely must understand before entering any partnership.

In a general partnership, all partners are jointly liable for the debts and obligations of the business. That means if your business partner makes a bad deal, takes out a loan, or makes a costly mistake you are equally responsible, even if you knew nothing about it.

And just like a sole trader, there is no separation between your personal assets and the business. If the partnership can’t pay its debts, creditors can come after your personal savings, your car, your property. This is why a solid Partnership Agreement and the right business insurance are not optional they are essential.

OUTRO 
A partnership can be a powerful way to build a business combining skills, sharing the load, and growing together. But going in without a proper agreement and a clear understanding of your legal obligations is a risk not worth taking. Before you commit, speak to a solicitor or accountant who can help you structure things properly from day one.

For the official government guidance on partnerships, visit business.gov.au it’s free, accurate, and written specifically for Australian business owners. Next, I am writing about Trusts, one of the most misunderstood but widely used structures in Australia. Follow along so you don’t miss it.

Note: This blog provides general information based on the resources reviewed and cited in the references. For specialized advice, please consult a licensed professional.

References:

Acharya, S. (2026, April 27). Company in Australian business structure. Santosh Acharya’s Blog.
Australian Securities & Investments Commission. (2026). Sole trader? Partnership? Company? Trust?
Australian Taxation Office. (2023, July 5). Business structures - key tax obligations.
Commonwealth of Australia. (n.d.). Business structures. business.gov.au.

Categories: Australian Business Structure