Registering a company in New South Wales follows the national ASIC process; company registration in Australia is federally administered, not state-by-state. However, NSW businesses have specific state-level obligations on top of the federal requirements, including NSW payroll tax, state licensing, and for short-term rental operators, the NSW STRA registration framework.
This guide covers the complete process from ASIC registration through to NSW-specific compliance.
Table of Contents
- Federal vs state registration: what's the difference?
- Step-by-step: registering a company in NSW
- NSW registered office address requirements
- NSW-specific obligations
- NSW business licences and permits
- NSW payroll tax
- After registration: ongoing obligations
- Frequently asked questions
Federal vs State Registration: What's the Difference?
Company registration in Australia is a federal process administered by ASIC. There is no separate "NSW company registration" — you register a national company through ASIC that can operate anywhere in Australia.
State-level obligations kick in after registration. These include:
- NSW payroll tax (if your wages bill exceeds the threshold)
- NSW-specific trade and industry licences
- Workers' compensation insurance (mandatory for NSW employers)
- Long service leave obligations under NSW law
- For property businesses: land tax, council rates, and STRA registration
Your ASIC company registration covers the whole country. Your state obligations depend on where you operate.
Step-by-Step: Registering a Company in NSW
Step 1: Obtain Director Identification Numbers
Each director must have a Director Identification Number (DIN) before the company can be registered.
Apply through Australian Business Registry Services (ABRS) using myGovID.
- Free to obtain
- Usually issued instantly
Step 2: Choose a Company Name
Search ASIC's company name availability tool to ensure your intended name is available.
Also check the IP Australia trademark register to avoid conflicts.
For most private companies, the name must end with:
Pty Ltd
Step 3: Register Through the Business Registration Service
Visit:
register.business.gov.au
This allows you to:
- Register your company
- Apply for an ABN
- Register for GST
all within one workflow.
You will need:
- Company name
- Registered office address
- Principal place of business
- Director details and DINs
- Shareholder information
- Share structure
- Governance rules (Replaceable Rules or a custom constitution)
Important: Your registered office can be located anywhere in Australia — it does not need to be in NSW.
Step 4: Pay the ASIC Registration Fee
ASIC company registration fee (2025):
$576
Payment is made during the registration process.
Step 5: Receive Your Certificate of Registration
ASIC generally approves applications within minutes.
You will receive:
- Certificate of Registration
- Australian Company Number (ACN)
Your company now legally exists.
Step 6: Apply for an ABN
If you used the Business Registration Service, your ABN application is bundled with company registration.
Otherwise, apply separately through:
abr.business.gov.au
Step 7: Register for GST
GST registration is required if your expected annual turnover exceeds:
$75,000
Once registered:
- Charge 10% GST
- Lodge BAS statements quarterly or monthly
Step 8: Set Up Your NSW Business Address
If your registered office is located in NSW (for example, a Sydney virtual address), it must be:
- A physical street address
- Staffed during business hours
- Able to receive legal documents
A Space Penguin Sydney virtual address satisfies these requirements.
NSW Registered Office Address Requirements
The standard ASIC registered office requirements apply in NSW:
Must Be:
✅ Real physical street address
✅ Located in Australia
✅ Accessible during business hours (minimum 3 hours between 9am–5pm)
✅ Able to receive legal documents
✅ Supported by occupier consent if you do not own or lease the premises
Cannot Be:
❌ PO Box
❌ Virtual mailbox without physical staff
❌ Unstaffed premises
A Space Penguin Sydney virtual address satisfies all ASIC registered office requirements and can be used for:
- Company registration
- ASIC correspondence
- Legal document service
- ABN registration
- Business banking
NSW-Specific Obligations
NSW Payroll Tax
If your total Australian wages exceed the NSW threshold, you must register for payroll tax.
For 2025–26, the threshold is:
$1.2 million
Rate:
5.45% on wages above the threshold.
Payroll tax is separate from:
- PAYG withholding
- Superannuation obligations
Workers' Compensation
Mandatory for NSW employers.
Before employing staff, obtain workers' compensation coverage through:
icare NSW
Premiums depend on:
- Industry
- Number of employees
- Total wages
Long Service Leave
NSW employees become entitled to:
- Long service leave after 10 years
- Pro-rata entitlements in certain circumstances after 5 years
Maintain employment records from the beginning.
Retail Leases
If your business leases retail premises, the:
Retail Leases Act 1994 (NSW)
may apply.
This legislation provides specific protections and obligations for landlords and tenants.
NSW Business Licences and Permits
Depending on your industry, additional licences may be required.
| Industry | NSW Licence / Permit |
|---|---|
| Building & construction | NSW Fair Trading building licence |
| Real estate | NSW Fair Trading real estate licence |
| Food service | Local council food business registration |
| Liquor | NSW Independent Liquor & Gaming Authority (ILGA) licence |
| Short-term rental | NSW STRA registration |
| Financial services | ASIC Australian Financial Services (AFS) licence |
| Health practitioners | AHPRA registration |
The easiest way to determine licence requirements is through:
ablis.business.gov.au
NSW Payroll Tax
NSW payroll tax applies when total Australian wages exceed:
$1.2 million per year (2025–26)
Key Points
- Register through Revenue NSW
- Threshold applies to total Australian wages, not just NSW wages
- Monthly payroll tax returns are required
- Annual reconciliation must be lodged
- Penalties apply for late registration or lodgement
Most startups and small businesses remain below the threshold initially.
As your team grows, monitor payroll carefully.
After Registration: Ongoing Obligations
ASIC Annual Review
ASIC sends an annual review notice on your company anniversary.
Current annual review fee for a Pty Ltd company:
Approximately $329
You must:
- Pay the fee
- Confirm company details remain accurate
Company Tax Return
Every company must lodge a company tax return annually with the ATO.
Standard due date:
31 October
or later if lodging through a registered tax agent.
BAS Lodgements
If GST registered:
- Quarterly BAS (most businesses)
- Monthly BAS (larger businesses)
Superannuation
Pay Superannuation Guarantee contributions for eligible employees.
Current rates:
- 11.5% for 2024–25
- 12% from 1 July 2025
ASIC Address Updates
If your registered office or principal place of business changes:
- Notify ASIC within 28 days
- Lodge Form 484
- Current fee: approximately $52
Director Duties
Directors must comply with obligations under the Corporations Act 2001, including:
- Acting in the company's best interests
- Keeping proper records
- Preventing insolvent trading
Failure to comply can result in personal liability.
Frequently Asked Questions
Does My Company Have to Be Registered in NSW to Operate in NSW?
No.
ASIC company registration is national.
A company registered anywhere in Australia can legally operate in NSW.
Can I Register a Company in NSW From Overseas?
Yes.
However:
- At least one director must ordinarily reside in Australia
- The registered office must be located in Australia
What Is the Difference Between an NSW Business Name and an ASIC Business Name?
There is no separate NSW business name registry.
Business names are registered nationally through ASIC and can be used throughout Australia.
Do I Need NSW Workers' Compensation Insurance If I Am the Only Director?
Potentially not.
If you are:
- Sole director
- Sole shareholder
- Receiving dividends only
you may be exempt.
If you receive a salary, workers' compensation obligations may apply.
Always confirm with icare NSW or your insurance adviser.
Can I Use a Virtual Address as My Registered Office?
Yes.
Provided it:
- Meets ASIC requirements
- Is physically staffed
- Includes occupier consent
A Space Penguin Sydney virtual address satisfies these requirements and provides a professional NSW business presence from $20/month.
Ready to register your NSW company? Space Penguin provides ASIC-compliant Sydney virtual addresses registered office, ABN postal address, and mail management from $20/month.