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Branch Office (Registered Foreign Company) (Branch)

Registered Foreign Company

Constitución de empresa en Australia

Best Answer

The Branch is best suited for: Foreign companies testing the Australian market before committing to a subsidiary, Multinational firms that need a local presence for specific contracts or government tenders, Companies that want to repatriate profits without dividend withholding complications. A branch is taxed at the standard 30% corporate tax rate on Australian-sourced income (the base rate entity concession of 25% does not apply to foreign-owned branches). Profits repatriated to the parent are not subject to dividend withholding tax. The branch may benefit from Australia's double tax treaty network if the parent company is resident in a treaty country. Transfer pricing rules apply to transactions between the branch and its parent.

Who this is for
  • Foreign companies testing the Australian market before committing to a subsidiary
  • Multinational firms that need a local presence for specific contracts or government tenders
  • Companies that want to repatriate profits without dividend withholding complications

Datos clave

Accionistas mín.0
Accionistas máx.Ilimitado
Directores mín.0
Capital mínimoNone (funded by parent)
ResponsabilidadUnlimited — the parent company bears full liability
Plazo de constitución2–4 weeks
Costo anualAUD 3,000–10,000

Proceso de constitución paso a paso

1

Appoint a local agent

Designate at least one locally resident agent authorised to accept service of process on behalf of the foreign parent company. This person must be ordinarily resident in Australia.

2

Prepare parent company documents

Gather certified copies of the parent company's certificate of incorporation, constitution, and a board resolution authorising registration of the branch in Australia. All foreign-language documents must be accompanied by certified English translations.

3

Register with ASIC

Lodge Form 402 (Registration of a foreign company) with ASIC, including the parent's details, local agent information, registered office address in Australia, and the AUD 559 registration fee.

4

Ongoing compliance

File annual financial statements with ASIC (including the parent company's accounts), lodge tax returns with the ATO, and maintain a registered office and local agent at all times.

Documentos requeridos

  • Certified copy of parent company's certificate of incorporation
  • Certified copy of parent company's constitution
  • Board resolution authorising Australian branch registration
  • Particulars of directors of the parent company
  • Passport and proof of address of the local agent
  • Registered office address in Australia
  • Certified English translations of all foreign-language documents

Resumen de costos

Cost Breakdown (USD)
Costo anual
AUD 3,000–10,000
Costo de constitución
AUD 800–3,000

Tratamiento fiscal

A branch is taxed at the standard 30% corporate tax rate on Australian-sourced income (the base rate entity concession of 25% does not apply to foreign-owned branches). Profits repatriated to the parent are not subject to dividend withholding tax. The branch may benefit from Australia's double tax treaty network if the parent company is resident in a treaty country. Transfer pricing rules apply to transactions between the branch and its parent.

Ventajas y desventajas

Advantages
  • Not a separate legal entity — seamless integration with global operations
  • Can repatriate profits to the parent without dividend withholding tax (subject to treaty provisions)
  • Simpler to wind down than a subsidiary if the Australian venture does not succeed
  • Appropriate for project-based or time-limited operations in Australia
Disadvantages
  • Parent company has unlimited liability for all obligations of the branch
  • Must lodge the parent company's audited accounts with ASIC annually, exposing group financials
  • Not eligible for the small business tax concessions available to Australian-incorporated entities
  • Less credible with local partners and clients compared to a Pty Ltd
  • Higher annual compliance cost due to dual filing requirements

Otras estructuras en Australia

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This content is educational and does not constitute legal or tax advice. Always consult a qualified professional for your specific situation. Data last verified March 2026.