BUSINESS PARTNERS

CASE STUDY

THE PARTNERS ARE NON RELATED PARTIES
Joe and Adam are plumbers who have both worked together on various construction sites….

Long Term Friendship

Joe and Adam have been building a great long term friendship over the years and decide to start their own plumbing business together.

Business Arrangement

Joe is currently single and has a child who lives with the mother. Adam is married with two children.
The proposed business arrangement is to combine forces to earn more income without the need to purchase equipment .

New Entity Options

Both Joe and Adam have their own work vehicles, tools and various building industry contacts.

New entity options are either a partnership, company or trust. To optimise their respective tax positions and limit their exposure to personal liability they chose a trust structure.

Non Related Business Structure

The ideal trust structure for non-related business partners involves three separate entities:

1. The primary entity is a unit trust with units owned equally.
2. Both Joe and Adam have a discretionary trust each holding an equal number of units in the above mentioned unit trust.

This structure allows profits of the business to be distributed to each family by way of distributions to their respective discretionary trusts.
Each family’s personal tax outcomes can then be achieved independently of each other.

Trust with Corporate Trustee Incorporating Corporate Beneficiary Case Study

TRUST WITH CORPORATE TRUSTEE CASE STUDY INCORPORATING A CORPORATE BENEFICIARY   Steven is self-employed in the civil construction earth moving industry and he is operating as a sole trader....     Steven is a Single Dad   Steven is single and has...

Loss Back Tax Offset For Companies – 2021

The new Loss Back provisions for companies commences with lodgment of 2021 tax return. The Loss Back provisions allows a company to offset a current year loss against a previous year profit, generating a refundable tax offset for the current year for tax paid in a...

Buying an Investment Property in a Pty Ltd Company

A recent determination by the ATO, TD 2021/2, confirms company Capital Gains Tax (CGT) concessions apply to "active" business assets only. Income from rental properties is defined as "passive." Accordingly, "passive" rental assets are excluded from the company CGT...

Small Business Statistics and Activity In Australia

Each year, the Australian Small Business and Family Enterprise Ombudsman (ASBFE ) release a statistical report that helps "...create a picture of small business in Australia and its contribution to our economy." The ASBFE says "Small business and family enterprise in...

Starting A Business? Do I Need A Plan?

When planning to start a business, there are many things to consider: some financial, some conceptual, and others just plain practical. In the 80's and 90's we could count on a certain percentage of clients working as employees, transitioning to some form of business....

What is the Australian Business Register (ABR)

What is the ABR? All businesses with an ABN are listed on the ABR. What's on the ABR? The information available on the ABR is limited as follows: Entity Name - The name of the entity, ABN Status - Active or not + history of dates, Entity Type - Company; trust;...

How to register a Pty Ltd company

When thinking about how to register a Pty Ltd company, proprietary (Pty) means privately held and Limited (Ltd) indicated a limitation to liability of the shareholder(s). So a Pty Ltd company is a privately held company which is limited by shares. Pty Ltd companies...

Tool Kit For Starting a Business

Companies Direct has developed a kit for starting a business that has helped thousands of people. It covers topics like: What steps are involved; What business structure to use, How to get started on the right foundations; and It will potentially save you from costly...

Trust with Corporate Trustee Case Study

TRUST WITH CORPORATE TRUSTEE CASE STUDY CORPORATE TRUSTEE Jack is married with no dependent children, and at age 60, Jack is made redundant from his job ..... Jack started a business Jack applied for a number of positions but found his age working against him and...

How to register a business or trading name

If you're wondering how to register a business or trading name, this may help point you in the right direction. Australia's national business names register is managed and maintained by the Australian Securities Investment Commission (ASIC). For the uninitiated,...

Pin It on Pinterest

Call us