No, a family trust does not automatically have an ABN. An ABN is only required if the trust is carrying on an enterprise under Australian law, such as running a business, leasing property on a commercial scale, or engaging in large-scale trading activities. Trusts that only hold passive investments, like shares or a single rental property, generally need only a Tax File Number (TFN) to meet their tax obligations.
A family trust must register for an ABN only when it is carrying on an enterprise in Australia. Under the A New Tax System (Australian Business Number) Act 1999 (Cth), “enterprise” typically includes:
Registration is not usually required where the trust merely holds passive investments (e.g., a long-term share portfolio or a single residential rental with minimal activity). If the trust is required to register for GST (turnover at or above the GST threshold from taxable supplies), an ABN is needed first.
Holding an ABN offers practical and legal benefits:
A family trust’s Tax File Number (TFN) is mandatory for tax return lodgement and reporting distributions to beneficiaries. An ABN, on the other hand, is only required if the trust is carrying on an enterprise. Both identifiers serve distinct purposes: the TFN ensures compliance with income tax reporting, while the ABN governs the trust’s business and GST obligations.
The Australian Taxation Office (ATO) requires trustees to provide:
Once approved, the ABN is recorded on the Australian Business Register and linked to the trust’s TFN for all future dealings.
Trusts deriving income solely from passive investments—such as dividends, interest, or one residential rental property—generally do not require an ABN. However, if the scale of activity indicates the carrying on of an enterprise (e.g., regular property development, large-scale leasing, or repeated commercial transactions), the ATO may classify the trust as a business and require ABN registration.
If a trust carries on an enterprise without an ABN, the consequences include:
Not by default. A discretionary (family) trust needs an ABN only if it conducts an enterprise. If the trust’s activities are passive—for example, receiving franked dividends, bank interest, or rent from a single residential property without business indicators—a TFN is sufficient for tax reporting.
A discretionary trust should obtain an ABN where it:
Where the line between “passive investment” and “enterprise” is unclear, obtain written advice; misclassifying activity can lead to back-dated ABN/GST obligations, penalties, and interest.
The ATO and the courts assess several indicia, including:
If these indicia are satisfied, the trust is considered to be carrying on a business and ABN registration becomes mandatory.
Trustees must apply through the Australian Business Register, supported by:
Approval is often immediate, but in some cases the ATO may request additional verification.
Yes. A family trust that only holds passive assets can operate lawfully without an ABN. In such cases, only a TFN is required to meet tax obligations.
Activities that typically require an ABN include:
Trustees often seek clarity on the practical rules. Below are direct answers to common legal questions.
Yes, where the trust carries on an enterprise. Passive trusts with limited investment activities are not automatically required to register.
Registration is required once business activities commence, such as operating a trading business or leasing property on a commercial scale.
It facilitates GST registration, avoids PAYG withholding, and legitimises dealings with banks, suppliers, and regulators.
Without an ABN, the trust risks ATO penalties, withholding at the top marginal tax rate, and potential trustee liability for breach of duty.
So, does a family trust have an ABN? The requirement depends entirely on whether the trust is carrying on an enterprise. Trusts conducting business must register, while those holding passive investments usually do not. Determining the correct position requires careful application of statutory tests and fiduciary duties.
LegalFinda connects Australians with experienced trust and tax lawyers who can advise on ABN obligations, ensure compliance with the ATO, and structure trusts for long-term protection and efficiency.