What is the difference between a sole trader and a contractor?

Understand how sole trader and contractor overlap, and why worker classification matters for tax and super.

Summary

A sole trader is a business structure — an individual running a business under their own name or business name. A contractor is a worker classification that describes how a person is engaged. Many contractors operate as sole traders, but the two terms describe different things.

What this means

Sole trader is about how your business is structured. Contractor is about how you provide services to another business, compared with being an employee. You can be both — a sole trader who works as an independent contractor for other businesses.

Whether a worker is an employee or an independent contractor depends on the totality of the legal rights and obligations in the relationship, not simply the label used in the contract. Relevant factors can include the right to control the work, whether the worker serves in the engaging business or their own business, how they are paid, whether they can delegate or subcontract, and who provides tools and bears commercial risk. Having an ABN does not automatically make someone an independent contractor.

Typical actions

  • Review the contract and the legal rights and obligations it creates, not just the label used.
  • Consider factors such as control, integration into the engaging business, payment for a result, delegation, tools and commercial risk.
  • Check the ATO's current employee or independent contractor guidance.
  • Remember that having an ABN or sending invoices does not, by itself, determine contractor status.
  • Seek professional advice if the classification is unclear or the arrangement is complex.

Official ATO sources

Last checked: 24 August 2026

Employee or independent contractor – what's the difference
Main ATO hub on the difference between employees and independent contractors.

Working as an independent contractor
Explains tax and super obligations when you work as an independent contractor.

Common myths about being a contractor
Addresses common misconceptions about contractor classification.

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Important notice: Tax Clarity is an independent information tool. This page provides general information based on official sources. It does not provide tax, legal, financial, or accounting advice. Tax rules can change, and how they apply depends on your circumstances. For advice about your situation, speak with a registered tax agent or qualified professional.

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