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April 1, 2024Navigating the intricate landscape of business structures is crucial, and a company business structure stands as a formidable choice for those aiming at asset protection and ambitious growth. Composed of shareholders and directed by executives, a company offers tax benefits but demands careful consideration due to high setup costs and extensive reporting requirements.
Is a Company Structure Right for You?
Choosing a company structure is an informed decision, best suited for those desiring robust asset protection and envisioning rapid business expansion. While it provides enticing benefits, it’s essential to weigh the pros and cons:
Benefits:
- Company Tax Rate: Enjoy a favorable tax rate of 30%, a significant advantage over personal income tax rates.
- Limited Liability: Shield personal assets by structuring the company to hold shareholders liable only for their share.
- Income-Splitting: Leverage the option to include family members as shareholders, facilitating income distribution.
Drawbacks:
- Personal Liability: Despite limited liability, directors can be personally liable for specific circumstances outlined by ASIC.
- Asset Protection Misconception: Assets aren’t always fully protected; personal liability might persist in certain situations.
- Insurance Limitations: While personal liability insurance mitigates losses, it doesn’t cover all business losses.
Considerations for Your Business Needs:
- Limited Liability and Asset Protection:
- Ideal for professionals like medical practitioners facing potential lawsuits.
- Attracts service providers in high-risk sectors seeking enhanced asset protection.
- Turnover $100,000 or More:
- Beyond $80,000 turnover, a company structure becomes financially advantageous.
- Offers a lower tax rate compared to individual tax rates.
- Capital Raising:
- Suited for businesses with growth plans, allowing capital raising by selling shares.
- Ideal for funding expansion without accruing debt.
Setting Up Your Company:
- Sole Director Option:
- Feasible to operate as a sole director with one shareholder for sole entrepreneurs.
- Limited vs. Unlimited Proprietary Company:
- Limited companies provide limited shareholder liability.
- Unlimited companies, rarely used, offer easy movement of shareholder capital.
Getting Started:
- Registration with ASIC:
- Register the company with ASIC, adhering to the Corporations Act 2001.
- Ongoing Requirements:
- Comply with employee superannuation contributions.
- Maintain a separate business bank account and register for GST.
- Tax Considerations:
- The company tax rate might not apply if you’re the sole director performing most tasks.
Conclusion: Empowering Your Business Journey
While a company structure offers unique advantages, its suitability hinges on your business needs and industry. Careful consideration, often with the guidance of a knowledgeable accountant, ensures your decision aligns with your growth trajectory and long-term goals. As you embark on this business structure, be mindful of ongoing requirements and stay informed about potential tax implications. Your business journey is empowered when your choice aligns seamlessly with your vision and aspirations.