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Local Agent Services2021-12-03T09:26:43+00:00

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What You Need to Know Before Bringing Your Business to Australia

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Things to learn before Bringing Your business to Australia

Are you considering registering a foreign company in Australia?

You’ll need a Local Agent.

Appointing a Local Agent is one of the requirements for a foreign company doing business in Australia. The Local Agent must be able to comply with the various regulatory requirements of ASIC (the registering body), and must also reside in Australia.

Our Local Agent services are transparent, informative, and most importantly, compliant

Hiring a Local Agent isn’t something to take lightly—you’re essentially trusting another party to ensure that your business is operating legally in Australia.

Allied Business Accountants are the trusted experts for international businesses.

Client Testimonies

Thanks to David and his team as they are exceptional accountants and always surprise us by how knowledgeable they are in a wide range of fields. For almost a decade, Allied Business Accountants have facilitated the financial structure of our business and have maintained our financial records up to date in a timely manner without headache from our end, or us worrying about missing any deadlines.

Dureka Pty Ltd
I am forever grateful to David for all those years he has invested his attention in my financial affairs and financial strategy. The outcome has enabled me to have the financial freedom and quality of life that I thought I could only dream about. I would highly recommend David and his team.
Tracey Willett

We’re here to see your business
succeed in Australia

• Tailored Advice

So you understand all your options

• Efficient

We keep the process streamlined and stress-free

• Fixed Fees

So you can plan cash flow with confidence

Meet Allied Business Accountants

Allied Business Accountants specialises in helping international companies break into the Australian market. We’re committed to not only making your expansion successful, but also creating an experience that you enjoy.

Growing your business is a time of great excitement, but it can also be a time of stress as you navigate complex international laws and regulations—we want to remove some of that frustration.

Our boutique accounting firm is owned and operated by David McKellar FCA, who brings a wealth of experience and real-world knowledge to his client’s businesses.

Together with our network of international business experts in various fields, we offer our clients a full spectrum of services, including accounting, financial advisory, legal, and human resource management, so you can confidently establish your business in Australia, knowing you’re in safe hands.

Want to learn more about Foreign Company formation?

We offer end-to-end foreign company formation services

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Q&A Questions for Local Agent Services

If an entity is a ‘foreign company’ – a company registered outside Australia – in section 9 of the Corporations Act 2001 (Corporations Act), it must always have a local agent (Australian) formally appointed. The local agent of a registered foreign company:

  • is responsible for any obligations the company must meet
  • maybe liable for any breaches or penalties.

A foreign company must appoint a local agent for services of notices and –

  • is responsible for any obligations the company must meet or are required by or under the Corporations Act.
  • They accept personal liability for any breaches or penalties imposed on the foreign company for any breach of the Corporations Act if a court or tribunal hearing considers the local agent should be liable.

Firstly you will need to determine the appropriate structure for your Australian business. Most foreign-owned entities opt for a company structure – and when setting up a company in Australia, at least one director must be an Australian resident for tax purposes.

Once the structure is in place, you need to get your registrations in order. This means getting an Australian Business Number (ABN), investigating if you need to register for goods and services tax (GST) and also registering for a tax file number (TFN).

This is an important question, as non-resident businesses will generally be taxed on income that has an Australian source, while Australian resident entities are taxed on their worldwide income.

Most non-resident businesses will operate in Australia through a company structure. A company only becomes a resident of Australia if it’s incorporated in Australia, if it conducts its business in Australia and is controlled by Australian residents, or if it has Australia-based management.

Being aware of transfer pricing rules is a very important issue for foreign-owned business operating in Australia.

The Australian Tax Office (ATO) has strict rules around how an international entity can transact with its Australian entity.

Essentially, the pricing of goods and services between two related entities must be at market rates. A foreign-owned business can’t be seen to be shifting its profits to another jurisdiction by setting unrealistic prices.

A thinly capitalised entity is an entity funded by a large amount of debt and very little equity. Due to the large amount of debt, there can be potential to claim large tax deductions for interest payments on that debt.

Some foreign-owned entities will attempt to lower their taxes in Australia by creating loans to Australian business and using the interest payable as a deduction. The interest income is then recognised in another tax jurisdiction.

Like transfer pricing, thin capitalisation is closely watched by the ATO to ensure that profits are not shifted away from an Australian entity to another country with lower tax rates.

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