Is your business structure still fit for purpose?

A plain-English prompt to review whether a sole trader, company, trust or partnership structure still matches the business.

A structure chosen when a business was small may not remain the best fit as revenue, risk, staffing, ownership or family circumstances change. A periodic review can identify issues before a transaction or succession decision forces the timing.

What a structure affects

  • How income and losses are taxed
  • Personal exposure to business liabilities
  • Control, ownership and succession options
  • Administration and annual compliance costs
  • How profits can be retained or distributed
  • Access to concessions and the treatment of a future sale

Signals that a review may be useful

Consider a review when the business has grown materially, a new owner or investor is entering, valuable assets are being acquired, debt and commercial risk have increased, a sale is being considered, or family and succession arrangements have changed.

Changing structure has consequences

Moving assets, contracts or operations between entities can trigger tax, duty, legal, finance and commercial consequences. Concessions may be available, but they have conditions and should not be assumed.

Start with the commercial objective

A useful review begins with what the owners are trying to achieve, then compares the current structure with realistic alternatives. Accounting, tax and legal advice should be coordinated before implementing a change.

General information only. This article is not personal tax, financial or legal advice. Rules, thresholds and administrative guidance can change. Please obtain advice for your circumstances before acting.

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