Companies Direct

Business Partners Non Related Parties Case Study

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.

Tax Benefits of Using a Pty Ltd Company For Your Business Structure:

A tax benefits of using a company as a business structure is Franking Credits. How do they work? When a company makes a profit, it pays tax at 27.5% (small companies tax rate). Company tax paid is recorded in the company's "Franking" account. When shareholders receive...

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;...

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...

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...

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...

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...

Director Identification Number (DIN) Is Now Mandatory

Director IDs (DIN) is now mandatory for every company director. A DIN must be registered by the end of November 2022. A Director must apply for a DIN by November 30 2022 or face a penalty of up to $13,000.00. So getting a DIN is very important. Applications can be...

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...

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,...

What Registrations Do I Need to Start a Business

What Registrations Do I Need to Start a Business When starting a business there are some miss-conceptions about what registrations are required to start a business. Whilst there are some specific registration and or accreditation requirements, for example; builder...
Exit mobile version