Business Structures Brief

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Business Strutures (2-page 51 KB)

When commencing a business, one of the most important decisions to be made is the choice of your business structure. It is suggested that you consult your accountant or other professional adviser before you decide.

The options are:

Your choice should take into account the following:

  • anticipated profit of the business
  • involvement of family in the business
  • financial status of the individuals who will be part of the
    business
  • exposure to financial risk
  • cost/benefit associated with establishing the chosen structure. Companies and trusts are more costly to establish than operating as a sole trader or a partnership
  • tax position of the business owners and their dependents
  • capital gains tax laws
  • changes to tax laws
  • industrial relations laws

Legal structure

Comparison of sole trader, partnership, company and trust:

Business Structures
Sole trader
Partnership
Company
Trust
Is the structure difficult to set up?
No
No
Yes
Yes
Is it expensive to register?
No
No
Yes
Yes
Do I retain complete control?
Yes
No
No
No
Are there complex reporting requirements?
No
No
Yes
Yes
Will my assets (house etc...) be under treat if my business goes into debt?
Yes
Yes
Not as likely
Not as likely
Do I receive full profits made from the business?
Yes
No
No
No
Can I employ staff?
Yes
Yes
Yes
Yes
Do I have to pay myself superannuation, workers comp etc...?
No
No
Yes
(if employed by the company)
Yes
(if employed by the company)
Can I change the legal structure easily?
Yes
No
No
No
Do I have the ability to plan tax through avenues like income splitting?
No
Yes
Yes
Yes
Is it easy to raise capital?
No
Yes
Yes
Yes
Is it easy to dissolve or exit?
Yes
Yes
Yes
No

Taxation

The Australian Taxation Office publication, Tax basics for small business, includes a section on business structures.

Workers' compensation insurance cover

Workers' compensation insurance cover is not available for sole traders or partners. Cover is optional for working directors, and conditions apply.

If you employ

Sole traders and partnerships employing workers are covered by the state industrial relations system. Visit the Department of Commerce website for more information, or contact Wageline 1300 655 266. Constitutional corporations, including small businesses operating with a company structure, are covered by the federal workplace relations system. See the Fair Work Online website, or contact 13 13 94.

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