Criterion 1
The entity is entitled to an ABN if it is one of the following:
a company incorporated under the Corporations Act 2001 (Cth) in Australia
a charitable institution or trustee of a charitable fund in Australia
a deductible gift recipient in Australia
a religious institution in Australia
a superannuation fund
a government entity.
Criterion 2
The entity is entitled to an ABN if it can answer ‘Yes’ to the following statements:
its activity is carried out in the:
form of a business
nature of trade, or
form of a regular or continuous grant of a lease, licence or interest in property
its activity is carried out in Australia or it makes supplies that are connected with Australia
its activity is not a private recreational pursuit or hobby.
And for partnerships where all or most of the partners are individuals:
there is a reasonable expectation of a profit being made.
If the entity does not meet criterion 1 or 2 it is not entitled to an ABN