Choice of structure is not a compliance decision. It is a strategic one. Sole trader, partnership, company, family trust, unit trust, self-managed super fund. Each changes how you are taxed, how you are protected, who owns what, and how you eventually exit.
Most problems with structure are not caused by picking the wrong entity at the start. They are caused by not thinking about the end at the start. Who will own shares in five years. What happens on sale. How distributions move through the family. What the next structure will need to look like.
We set structures up for where the business or family is going, not just where it is today. That sometimes means a more considered structure up-front, and it usually saves money, friction and tax later. We compare the cost, risk and tax consequences before recommending an entity, and the legal documents themselves, the constitution, the deed, any shareholder agreement, are prepared by a lawyer.
What’s included
Every moving part, considered once.
Get the shape right, the years follow.
Entity selection and design
A structured conversation before anything is set up. What the entity is for, who controls and owns it, how income flows, how the exit looks. The decision is made before the forms are filed, not after.
Company establishment
ASIC registration, share structure, officeholder setup, constitution review, and ongoing ASIC obligations handed over cleanly.
Trust establishment
Family trusts, unit trusts, or bare trusts. With a deed fit for purpose, not a generic one pulled off a shelf. Trustee, appointor, and beneficiary positions considered carefully.
Division 7A and loan agreements
Where a company lends to a shareholder or associate, Division 7A loan agreements drafted properly, set on commercial terms, and tracked each year so the loan does not become an unfranked deemed dividend.
Registrations and ATO matters
TFN, ABN, GST, PAYG, STP. Registered together at setup, with thresholds and election dates explained before they are locked in.
Succession and shareholder planning
How ownership will move over time. Between founders, to family, on exit, on death. The structure drives what is possible, so we think about this at setup rather than on the day something happens.
Who it’s for
New ventures, and existing ones at a turning point.
Founders about to start something. Businesses growing into a new phase where the current structure does not fit any more. Families planning to bring property, trusts, or super funds into a coordinated group. Professionals moving from employment into practice.
If structure has come up as a question, through a capital raise, a property purchase, a succession conversation, or a sale, it is usually the right time to look at it properly rather than patch it later.
How we approach it
Destination. Alternatives. Execution.
- 01
Start from the destination
Before talking entities, we talk about where this is going. Who owns what in five or ten years. What the exit might look like. Who is in the family group. Structure follows from that, not the other way around.
- 02
Model the alternatives
We sketch two or three viable structures with their tax, asset-protection, cost, and complexity implications laid out, so the choice is informed rather than defaulted.
- 03
Build it properly, once
Establishment, registrations, documentation, and hand-over. The structure is then maintained under our compliance engagement so nothing drifts over time.
FAQ
Common questions.
If yours isn’t here, ask it on the first call. Thirty minutes, no fee.
How long does it take to set up a company or trust?
A company is typically one to three business days from final sign-off. A trust is similar once the deed is executed.
Should I use a company, a trust, or both?
It depends on what the structure is for, who the income is supposed to flow to, and what you want asset protection and succession to look like. We do not have a default answer. That is the point of the first conversation.
Can we restructure later?
Yes, but it is almost always more expensive, slower, and messier than thinking about it properly at setup. Some restructures attract CGT or stamp duty even where rollover relief is available, and some change the commercial substance of the business in ways that create further complications.
Do you handle ASIC and trust compliance after setup?
Yes, as part of ongoing compliance. The ASIC annual review, officeholder changes, share transfers, trustee changes. Handled within the engagement rather than referred elsewhere.
How much does it cost to set up a structure?
Company setup, trust setup, and the associated documents are scoped as fixed-fee packages based on the structure chosen and any Division 7A or related-party documentation required. We confirm the fee in writing before any work begins so you know the investment up front.
Related
Where this usually leads.
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