Real estate agents compliance obligations for a sole trader
Computed by the Rules Mate applicability engine for a sole trader in real estate agents with 1–5 employees, turnover $100K–$1M, selling to consumers and small businesses.
Short answer: 45 obligations
45 Commonwealth obligations apply to a sole trader in real estate agents with 1–5 employees, turnover $100K–$1M (19 critical), plus 10 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
What the structure changes
Compared with a Pty Ltd company of the same size in real estate agents, a sole trader picks up 0 Commonwealth obligations and drops 10.
- Does not apply: Apply for a Director Identification Number (Director ID)
- Does not apply: Comply with directors' general law and statutory duties
- Does not apply: Prevent insolvent trading (s 588G)
- Does not apply: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Does not apply: Lodge the ASIC annual company statement and review fee
- Does not apply: Determine large proprietary company status annually
- Does not apply: Apply for a Tax File Number for new entities and partnerships
- Does not apply: Pay ASIC fees + lodge prescribed forms
- Does not apply: Discharge of directors' duties — practical evidence
- Does not apply: Beneficial ownership transparency (Tranche 3 — under consultation)
Critical Commonwealth obligations on this profile
- Enrol with AUSTRAC as a reporting entity (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Maintain a written AML/CTF program (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Customer due diligence (KYC) on every customer (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Notifiable Data Breach (NDB) scheme (AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)))
- Pay superannuation on every payday (Payday Super) (You have employees (1–5))
- Pay employees in accordance with the applicable modern award (You have employees (1–5))
- Manage psychosocial hazards at work (You have employees (1–5))
Check whether these apply
- Trust account audit + ASIC / state regulator submission: only if you hold money in a statutory trust account
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Track eligibility for the electric car FBT exemption: only if you provide electric vehicles to employees
- Comply with AANA Code of Ethics + community guidelines: only if you advertise to consumers or engage influencers
- Enforce + manage post-employment restraints — current state: only if your contracts contain restraint of trade clauses
- Child Support — employer deductions: only if Services Australia serves you a child support deduction notice
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
Questions
- What compliance obligations apply to a sole trader in real estate agents?
- 45 Commonwealth obligations apply to a sole trader in real estate agents with 1–5 employees, turnover $100K–$1M (19 critical), plus 10 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
- What changes compared with a Pty Ltd company of the same size?
- A sole trader picks up 0 obligations and drops 10.
Related
- Real estate agents: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Enrol with AUSTRAC as a reporting entity: does it apply to real estate agents?
- Maintain a written AML/CTF program: does it apply to real estate agents?
- Customer due diligence (KYC) on every customer: does it apply to real estate agents?
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC: does it apply to real estate agents?
Sources
- Enrol with AUSTRAC as a reporting entity
- Customer due diligence (KYC) on every customer
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC
- Notifiable Data Breach (NDB) scheme
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.