Business / Project Structuring

The business and investment structures that you have and use, and the arrangements between them, when undertaking your business or investment project have a substantial impact on:

  • Income Tax Liabilities
  • Payroll Tax Liabilities
  • Capital Gain Taxes Liabilities
  • Eligible Termination Payment Tax Liabilities
  • Timing of Tax Liabilities
  • Third Party Claimants Access to Assets
  • Your access to capital within your business and investment structures
  • Risk or exposure to third party claimants such as employees, ATO, unsecured creditors, statutory or common law claimants (including QBCC and FWA facilitated claimants).

Increased compliance costs or decreased opportunity are often unintended consequences of business structuring decisions made without reference to all the available alternatives (all the types of legal entities available) by an internal stakeholder who is focussed on getting an entity set up quickly, and also is often a result of these decisions being taken without refernce to recent changs in legislation (for example small company tax rates are now lower than large company rates) or to all the important considerations (for exampe corporate insolvency risks and asset protection, as well as income tax considerations).

We are able to provide our clients with fixed price advice and implementation for business and investment structuring.

We are also able to provide reasonably accurate estimates of savings and opportunities we can identify in any amendments we may recommend to your current business and investment structures and arrangements.

Our focus is on review of your business and investment structures to ensure they remain a good match to what you actually need now, and that they make use of todays opportunities presented by your current circumstances (rather than a standard one size fits all approach or an approach that fitted in the past but not any more).

We only recommend making amendments when there is a definite quantified significant financial benefit above and beyond the costs.

Legal Instruments

We use a range of legal instruments to ensure that a business and investment arrangement provides the right fit for the clients circumstances, including getting the balance that they need in:

  • Asset protection
  • Tax efficiency
  • Convenience and ease of use 
  • Privacy

The kinds of instruments we use include:

1. Loan Agreements

  • Bare Trusts
  • SMSF's
  • Companies (including Div. 7A compliant)
  • Trusts
  • Including matters regarding special and custom clauses.

2. Business Law Advice

Comprehensive advice pertaining to business law matters.

3. Legal Entities

  • Companies
  • family Trusts
  • Company Trustees
  • Unit Trusts
  • SMSF's
  • Bare Trusts
  • Undisclosed Trusts
  • Hybrid Trusts
  • Partnerships

4. Security

  • Registered Mortgages
  • Caveates
  • Guarantees

5. Powers of Attorney

6. SMSF funds

7. Succession Planning

8. Tax Planning

In cooperation with your tax accountant.

9. Agreements

  • Shareholder
  • Unitholder
  • Partnership
  • Binding Financial