Structure Advice
The choice of entity structuring is of critical importance to any business or investment structure. Delaying the advice until later can result in significant CGT and stamp duty problems.
The choice of entity can affect:
- Basic income tax outcomes
- Personal liability
- Loss of workers compensation protection
- Stamp duty
- Discretion over profits rather than fixed entitlements
- Capital gains tax at a later date (ie change of shareholders)
- Asset protection and exposure to creditors
- Estate planning, inheritance and succession planning
We can provide initial formation advice and also more complex re-structuring advice.
Entities that should be considered by your adviser are listed below. Many accountants are not familiar with each of these entities and may offer a simple fix that could bite you later. Beware the accountant that suggests:
- Sole trader
- Partnership
without considering a broad range of issues. Other entities to be considered should include:
- A fixed trust - To apportion income and capital but which can allow new parties to be introduced later with stamp duty.
- A discretionary (family) trust - To apportion income and capital in a discretionary manner for favourable tax outcomes. The "trustee" owns the business and this can frustrate claims on the home of the Trustee Directors.
- A company - A separate legal entity which enjoys its own legal identity and a lower tax rate of 30%.
- A Hybrid Trust - A blend of a fixed trust and a discretionary trust applicable to special circumstances.
- A Class Trust - A trust structure ideal for combining two families in a business venture. Each family enjoys a fixed % share of income and capital but each family can then apportion income and capital in a discretionary manner.
You can be assured that we will meet with you are offer personalised advice that considers your tax needs as well as estate planning and asset protection needs and which considers the impact of stamp duty, CGT and other concerns. We are able to assist with the entity formation and its correct registration for ABN, GST and all other required matters.