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For Business · Set-up

Business Structuring

The structure you trade through decides how much tax you pay, what a creditor can reach and what a sale will cost you. Get it right at the start.

Overview

Structure is a decision you make once

Most business owners pick a structure in the first week and never revisit it. A sole trader ABN is quick, but it exposes personal assets and caps your planning options. A company gives you a 25% base rate entity tax rate and limited liability, but locks profits behind Division 7A. A discretionary trust lets you stream income, but only if the deed and the resolutions are right.

We model the options against your actual numbers rather than a template. You see three years of projected tax under each structure, the asset protection each one gives you, what it costs to run, and what it will cost to unwind when you sell. Then we implement the one you choose, including registrations, deeds and documentation.

How we help

  1. 01

    Structure comparison on your numbers

    Sole trader, company, trust and partnership compared on tax, asset protection, administration cost and exit.

  2. 02

    Three-year tax modelling

    Projected tax and cash retained under each option, including profit extraction and dividend or distribution timing.

  3. 03

    Division 7A and PSI risk review

    Loan accounts, unpaid present entitlements and personal services income tested before they become an amendment.

  4. 04

    Restructure rollovers

    Where a structure has outgrown the business, we apply the small business restructure rollover to move assets without triggering tax.

  5. 05

    Documentation and registrations

    Company incorporation, trust deeds, ASIC and ATO registrations, and the minutes that make the structure hold up.

Resources

Business Structuring checklist (PDF)
ATO lodgement dates 2026–27

Key figures

25%
Base rate entity company tax
30%
Standard company tax rate
same day to two business days
ASIC company registration
8.77%
Division 7A benchmark rate

The base rate entity rate applies where aggregated turnover is under $50 million and no more than 80% of income is passive. We confirm which rate applies to you before any modelling.

Not sure your structure still fits?

A structure review takes about an hour and tells you whether it is worth changing.

TALK TO US

FAQ

Business structuring questions

A company caps tax at the company rate and gives you limited liability, but profits are locked behind Division 7A. A trust lets you stream income to beneficiaries on lower marginal rates and access the 50% CGT discount, but it cannot retain profits cheaply. Many owners end up with both.

The usual triggers are a partner joining, taking on premises or staff, profits outgrowing your marginal rate, or a sale within three to five years. If any of those are on the horizon, review the structure now while a rollover is still available.

A structure review and modelling engagement is a fixed fee agreed before we start. Implementation is quoted separately because it depends on how many entities and registrations are involved. You will not receive an invoice you have not already approved.

Yes, but it gets more expensive as the business grows. The small business restructure rollover can move assets without an immediate tax bill if you meet the conditions. Once goodwill and property are inside the wrong entity, options narrow.

A corporate beneficiary of a trust. The trust distributes surplus income to the company, which pays tax at the company rate rather than the top marginal rate. It only works if the entitlement is actually paid or put on complying Division 7A terms.

Speak to an accountant

Free 30-minute consultation.

No obligation. We’ll review where you are and tell you what we’d do.

+61 451 114 862Book a consultation

This page is general information only. It does not take your circumstances into account. Speak to a registered tax agent before acting on anything here.

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