Crest Accountants Services

Business Structuring

Business Structuring Gold Coast

Getting your business structure right from the start can save you significant time, money and stress down the track. At Crest Accountants on the Gold Coast, we work with business owners at every stage to ensure their structure suits their goals, protects their assets and minimises their tax obligations. Whether you are just starting out or reconsidering your current setup, our team provides tailored business structuring advice backed by over 50 years of experience.

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What Is a Business Structure?

A business structure is the legal framework under which your business operates. It determines how your business is taxed, who is personally liable for debts, how profits are distributed and what reporting obligations you have. Choosing the right structure from the start is one of the most important financial decisions a business owner can make, as it affects everything from your day-to-day operations to your long-term wealth strategy.

What Are the Different Business Structures in Australia?

There are four main business structures in Australia, each with different tax, liability and administrative implications:

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Sole trader

The simplest structure, where you operate as an individual. Easy to set up and low cost, but your personal assets are exposed to business liabilities.

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Partnership

Two or more people run a business together. Profits are shared and taxed in each partner's personal return, but partners are jointly liable for debts.

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Company

A separate legal entity owned by shareholders. Offers asset protection and access to the lower 25% company tax rate for eligible businesses, but involves more administration and setup costs.

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Trust

Commonly used for asset protection and tax flexibility. A trustee manages assets for the benefit of beneficiaries, with significant flexibility in how profits are distributed.

Each structure has advantages and disadvantages depending on your situation. Our team can walk you through the pros and cons of each and help you determine which is the right fit.

Which Business Structure Is Right for Me?

The right business structure depends on several factors including the size and nature of your business, your income level, your appetite for risk and your long-term goals. As a general guide:

  • Sole trader suits those just starting out with low risk and simple finances.
  • A company suits businesses with higher revenue, multiple stakeholders or a need for asset protection.
  • A trust suits those looking for flexibility in distributing income to family members or holding investment assets.
  • A partnership suits businesses with two or more operators who want a straightforward shared arrangement.

The best way to determine the right structure is to speak with an accountant who understands your full financial picture. At Crest Accountants, we take the time to understand your goals before making any recommendations.

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What Is the Most Tax Efficient Company Structure?

The most tax efficient company structure depends on your income level and circumstances. For businesses earning above a certain threshold, operating through a company can be more tax efficient as eligible companies are taxed at 25% rather than the individual marginal tax rate which can be as high as 45%. A discretionary trust can also be highly tax efficient as it allows income to be distributed to beneficiaries on lower tax rates. However tax efficiency is only one consideration and should always be weighed against liability, administration and your broader goals. Our accountants can model the tax implications of different structures for your specific situation.

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When Should I Change My Business Structure?

Many business owners start as a sole trader and outgrow that structure as their income grows and their risk exposure increases. It is worth reviewing your business structure when you are:

  • Experiencing significant growth in revenue or profit.
  • Taking on employees or contractors for the first time.
  • Entering into a business partnership.
  • Looking to protect personal assets from business liabilities.
  • Planning for succession or bringing on new stakeholders.
  • Restructuring for retirement or exit planning.

Changing your business structure involves tax and legal considerations so it is important to get professional advice before making any changes. Our team can assess your current situation and advise on the most appropriate path forward.

Why Choose Crest Accountants for Business Structuring Advice?

Crest Accountants has been helping Gold Coast businesses get their structure right since 1973. As a family-run business ourselves, we understand the decisions business owners face at every stage of growth. Our team takes the time to understand your goals, your risk profile and your long-term plans before making any recommendations — because the right structure today should still be working for you in ten years time.

Frequently Asked Questions About Business Structuring

The most tax effective structure depends on your income and circumstances. Companies pay a flat rate of 25% for eligible businesses, which can be significantly lower than the top individual marginal tax rate of 45%. Trusts offer flexibility in distributing income to minimise overall tax across a family group. A sole trader structure is simpler but offers less tax planning flexibility as income is taxed at your personal marginal rate.

The cost of setting up a company in Australia includes ASIC registration fees, which are currently around $576 for a standard company registration, plus accounting and legal fees for structuring advice, a shareholders agreement and any other documentation required. Ongoing costs include annual ASIC review fees and the additional accounting and compliance work involved in running a company compared to a sole trader. The total setup cost typically ranges from $1,500 to $3,000 depending on complexity.

Restructuring a business involves changing the legal entity under which it operates. This can include transferring assets, updating contracts, applying for new ABNs or TFNs, considering capital gains tax implications and updating your accounting systems. It is not a simple process and requires careful planning to avoid unexpected tax liabilities. Our team can manage the process from start to finish.

Yes, you can change your business structure at any point. However there are tax and legal implications involved, including potential capital gains tax on asset transfers and stamp duty in some states. It is important to get professional advice before making any changes to ensure the transition is handled correctly and any tax concessions available are applied.

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