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  • #1092137
    bridiej
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    kya, post: 108805 wrote:
    I guess the one thing that I thought about, was the fact that a business name will no longer be able to be registered in different state names, meaning the number of available business names will shrink by a considerable size. At least from a customers perspective it will also make it easier to identify who they are dealing with, even though double listings of names in the system might be a bit confusing haha.

    Good point.

    I wonder what happens if there are two separate businesses in two different states with the same name?

    #1091960
    bridiej
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    kya, post: 108805 wrote:
    I guess the one thing that I thought about, was the fact that a business name will no longer be able to be registered in different state names, meaning the number of available business names will shrink by a considerable size. At least from a customers perspective it will also make it easier to identify who they are dealing with, even though double listings of names in the system might be a bit confusing haha.

    Good point.

    I wonder what happens if there are two separate businesses in two different states with the same name?

    #1091962
    Kennethti
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    bridiej, post: 108902 wrote:
    Good point.

    I wonder what happens if there are two separate businesses in two different states with the same name?

    The way I heard it, they’re going to do it like so:

    * XYZ Consulting (QLD)
    * XYZ Consulting (NSW)

    #1092138
    Kennethti
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    bridiej, post: 108902 wrote:
    Good point.

    I wonder what happens if there are two separate businesses in two different states with the same name?

    The way I heard it, they’re going to do it like so:

    * XYZ Consulting (QLD)
    * XYZ Consulting (NSW)

    #1091964
    JacquiPryor
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    Kennethti, post: 109333 wrote:
    The way I heard it, they’re going to do it like so:

    * XYZ Consulting (QLD)
    * XYZ Consulting (NSW)

    I also understood that this is how they will ‘identify’ the same name in different states. However, in the regulatory release (linked in my first post – page 9) there may be occassions where further distinction is required, in which case it appears that ASIC will propose an identifier – such as city/suburb and the business registrant can accept it, or, propose an alternate if not suitable. The guide includes some information about what is/isn’t an acceptable identifier; they also advise that this identifier does not form a part of the business name and is only to help people distinguish between two businesses with the same name.

    #1092139
    JacquiPryor
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    Kennethti, post: 109333 wrote:
    The way I heard it, they’re going to do it like so:

    * XYZ Consulting (QLD)
    * XYZ Consulting (NSW)

    I also understood that this is how they will ‘identify’ the same name in different states. However, in the regulatory release (linked in my first post – page 9) there may be occassions where further distinction is required, in which case it appears that ASIC will propose an identifier – such as city/suburb and the business registrant can accept it, or, propose an alternate if not suitable. The guide includes some information about what is/isn’t an acceptable identifier; they also advise that this identifier does not form a part of the business name and is only to help people distinguish between two businesses with the same name.

    #1091966
    victorng
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    JacquiPryor, post: 109336 wrote:
    …they also advise that this identifier does not form a part of the business name and is only to help people distinguish between two businesses with the same name.

    That’s an important point, particularly for those who have been using business name registration as a ‘poor man’s trade mark’. It means that while identical names will be migrated to the national register with the addition of an identifier, the identifier isn’t actually part of the business name.

    So the business name ‘Bob’s Country Bunker (NSW)’ can be used in Victoria (for example) simply as ‘Bob’s Country Bunker’ – even if there’s already a Bob’s Country Bunker (VIC).

    Cheers,
    Victor

    #1092140
    victorng
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    JacquiPryor, post: 109336 wrote:
    …they also advise that this identifier does not form a part of the business name and is only to help people distinguish between two businesses with the same name.

    That’s an important point, particularly for those who have been using business name registration as a ‘poor man’s trade mark’. It means that while identical names will be migrated to the national register with the addition of an identifier, the identifier isn’t actually part of the business name.

    So the business name ‘Bob’s Country Bunker (NSW)’ can be used in Victoria (for example) simply as ‘Bob’s Country Bunker’ – even if there’s already a Bob’s Country Bunker (VIC).

    Cheers,
    Victor

    #1091968
    JacquiPryor
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    Hi All – another quick update… The ASIC website pages have been updated to include a bit more information about business names in general… see http://www.asic.gov.au/asic/ASIC.NSF/byHeadline/Business%20names

    They are publishing more information/updates now, as we are getting quite near to the change over… for the most part – from 28 May the link above will be the one to follow for anything business name related…

    #1092141
    JacquiPryor
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    Hi All – another quick update… The ASIC website pages have been updated to include a bit more information about business names in general… see http://www.asic.gov.au/asic/ASIC.NSF/byHeadline/Business%20names

    They are publishing more information/updates now, as we are getting quite near to the change over… for the most part – from 28 May the link above will be the one to follow for anything business name related…

    #1091970
    Alex Benedict
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    • Total posts: 22
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    Thanks for posting the information of the change.

    So if a person buys a domain name and wants to do a little business that may be deemed a hobby by the tax office, would it be required to register that website name as a business under the new system? That’s the way I have interpreted the content I read.

    #1092142
    Alex Benedict
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    Thanks for posting the information of the change.

    So if a person buys a domain name and wants to do a little business that may be deemed a hobby by the tax office, would it be required to register that website name as a business under the new system? That’s the way I have interpreted the content I read.

    #1091972
    JacquiPryor
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    So if a person buys a domain name and wants to do a little business that may be deemed a hobby by the tax office, would it be required to register that website name as a business under the new system? That’s the way I have interpreted the content I read.

    Firstly, if you are talking about a .com.au domain, you would essentially need to be a registered business of some form to be eligible to hold the domain in the first place…or, at least hold an ABN and be trading by your own name.

    If you are talking about something like a .com domain, then you wouldn’t have to register the business if you are legitimately engaged in a hobby rather than business. There are some good threads on this forum about hobby v business (search in the top right of the flying solo page to find some more info), or, check out the ATO information on whether you have a hobby or a business.

    If you are operating a business online (small or otherwise), then yes you will need to register the business name. This could be the domain name without the “www” and “.com.au” parts.

    Basically, if your website is set up to sell goods/services with the prospect of profiting (or intention of profit), with regularity and repetition to your activities and would be described as a ‘business’ (little or otherwise) rather than a hobby, then chances are you will need to register the business name (for most states, that applies now anyway) – and, obtain an ABN.

    In the full guide published by ASIC it states:

    You will not be carrying on a business for the purposes of the Business Names Registration Act if you conduct an activity, or series of activities, done in circumstances that would not entitle you to an Australian Business Number (ABN) (e.g. a private recreational pursuit or hobby, or as an employee): s4(2).

    So, if you are not entitled to an ABN you do not have to register the business name – whether you are online or offline with your hobby (a person with a hobby rather than a business will not be entitled to an ABN).

    The ATO will most likely put it back to you to determine if you are running a business or a hobby rather than them deeming you have a hobby. The onus will be on you, as the operator to ensure you are up to date with your obligations as either a hobby provider or business operator.

    I hope this helps. Please let me know if you have questions :)

    #1092143
    JacquiPryor
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    So if a person buys a domain name and wants to do a little business that may be deemed a hobby by the tax office, would it be required to register that website name as a business under the new system? That’s the way I have interpreted the content I read.

    Firstly, if you are talking about a .com.au domain, you would essentially need to be a registered business of some form to be eligible to hold the domain in the first place…or, at least hold an ABN and be trading by your own name.

    If you are talking about something like a .com domain, then you wouldn’t have to register the business if you are legitimately engaged in a hobby rather than business. There are some good threads on this forum about hobby v business (search in the top right of the flying solo page to find some more info), or, check out the ATO information on whether you have a hobby or a business.

    If you are operating a business online (small or otherwise), then yes you will need to register the business name. This could be the domain name without the “www” and “.com.au” parts.

    Basically, if your website is set up to sell goods/services with the prospect of profiting (or intention of profit), with regularity and repetition to your activities and would be described as a ‘business’ (little or otherwise) rather than a hobby, then chances are you will need to register the business name (for most states, that applies now anyway) – and, obtain an ABN.

    In the full guide published by ASIC it states:

    You will not be carrying on a business for the purposes of the Business Names Registration Act if you conduct an activity, or series of activities, done in circumstances that would not entitle you to an Australian Business Number (ABN) (e.g. a private recreational pursuit or hobby, or as an employee): s4(2).

    So, if you are not entitled to an ABN you do not have to register the business name – whether you are online or offline with your hobby (a person with a hobby rather than a business will not be entitled to an ABN).

    The ATO will most likely put it back to you to determine if you are running a business or a hobby rather than them deeming you have a hobby. The onus will be on you, as the operator to ensure you are up to date with your obligations as either a hobby provider or business operator.

    I hope this helps. Please let me know if you have questions :)

    #1092144
    Alex Benedict
    Member
    • Total posts: 22
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    JacquiPryor, post: 115688 wrote:
    Firstly, if you are talking about a .com.au domain, you would essentially need to be a registered business of some form to be eligible to hold the domain in the first place…or, at least hold an ABN and be trading by your own name.

    If you are talking about something like a .com domain, then you wouldn’t have to register the business if you are legitimately engaged in a hobby rather than business. There are some good threads on this forum about hobby v business (search in the top right of the flying solo page to find some more info), or, check out the ATO information on whether you have a hobby or a business.

    If you are operating a business online (small or otherwise), then yes you will need to register the business name. This could be the domain name without the “www” and “.com.au” parts.

    Basically, if your website is set up to sell goods/services with the prospect of profiting (or intention of profit), with regularity and repetition to your activities and would be described as a ‘business’ (little or otherwise) rather than a hobby, then chances are you will need to register the business name (for most states, that applies now anyway) – and, obtain an ABN.

    In the full guide published by ASIC it states:

    So, if you are not entitled to an ABN you do not have to register the business name – whether you are online or offline with your hobby (a person with a hobby rather than a business will not be entitled to an ABN).

    The ATO will most likely put it back to you to determine if you are running a business or a hobby rather than them deeming you have a hobby. The onus will be on you, as the operator to ensure you are up to date with your obligations as either a hobby provider or business operator.

    I hope this helps. Please let me know if you have questions :)

    Hi Jacqui,

    Thanks for your informative response. That has cleared it up for me.

    I’m in a dilemma though, as I don’t want to wait until the 28th to register under the new system. But there will be a price decrease which is attractive. I have to think it through.

    Thanks

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