A member asked over 8 years ago

Business structures: Individual, Company or Trust?

I'm setting up a small online business that will require me to handle and deal with other people's money. 
Currently my ABN is set up as an Individual sole trader but I think I might need to change this. 
I want to set up a structure that will give me as much protection as possible. 
I've had a friend that's mentioned I should set up a separate company, and a trust and have the company as the beneficiary of the trust, with my business being an asset of the trust and all profits going to the trust and therefore onto the company.

My question is what do I register my business as in this structure if it's going to be an asset of a trust?
 

Mark Mathews
Legal Practitioner Director at Mathews Tax Lawyers Pty Ltd
You would firstneed to establish the trust by deed, preferably with a corporate trustee, say ABC Pty Ltd. Then ABC Pty Ltd astrustee for the A FamilyTrust (for example) would be the entity that wouldobtain aTrust TFN , apply for an ABN and register for GST. Having another company as a beneficiary of the trust can be beneficial in certain circumstances, but you have to then think about how the profits flow out of the company beneficiary. As with all business structures that are being established, you have to think carefully about asset protection issues - which entity is going to hold business assets and which entity is going to run the business. And of course, what are the likely tax implications. It's a commonmisconception to talk of a "business" being an asset of a trust. A business consists of a series of assets that are put to use in some enterprise or activity. I would recommend you seek appropriate professional advice.

Answered over 8 years ago   Legal disclaimer

Thank
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James D. Ford Gaicd

In addition to the above... it may be helpful to think of your legal structures in the following way:

By using the terms "Trading" and "Non-Trading"...

Where the Trading legal structure represents the front line, and deals with the public, and takes all the business risks, and does not own assets of any value.

You should also consider consulting an Insurance Broker regarding Public Liability Insurance for the Trading legal structure.

The function of the Non-Trading legal structure is to own the valuable assets (both tangible, and intangible - such as Intellectual Property).

In this way, the valuable assets are separated from the possibility of legal liability.

Kind regards,

James

over 8 years ago

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