Tax Structuring

Contacts: Will Marryat, Ben Wilson

Our extensive experience in relation to tax and commercial matters allows us to provide clear and pragmatic advice on how best to structure a business or asset holding. We consider not only the immediate tax issues, but the tax issues that may arise in the future, both from a state and federal perspective. We are strongly of the view that, while tax is an integral consideration for all structures, it is also critical to have regard to other commercial issues such as simplicity, certainty, ability to pass control and the ability to deal with landlords, banks, suppliers and customers. We also think carefully about how a structure will meet long term succession or estate planning objectives.

We can assist with developing and setting up structures including companies, discretionary trusts, hybrid trusts, unit trusts and partnerships. We tailor structures to meet the needs of the particular individuals or corporations involved.

We recognise that many businesses or individuals have not been properly structured from the outset. We also know that circumstances change. As a result, we work with our clients to assist them to create a more beneficial structure. We think through the possible tax ramifications of a restructure and the various commercial implications. We pride ourselves on recommending clear, pragmatic and workable restructures. We use checklists and other tools to ensure that the restructure is implemented effectively.

Some examples of major structuring matters we have been involved in are:

  • advising a principal shareholder on how to introduce various investors while maintaining control through the use of different classes of shares and a detailed shareholders agreement;
  • advising on the use of a dividend access shares to reward a senior employee;
  • advising on, and implementing, a share cancellation to effect a buy-out of a co-owner of a large corporate group; and
  • establishing a multi-million dollar family investment structure involving various family trusts and a hybrid trust.