Business Structure Q&A

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Neil Steggall added an answer to this question
Neil Steggall

Neil Steggall, Partner at Wardour Capital Partners

Top 10%

Hi Mircea,

The ASIC site ( http://asic.gov.au/for-business/changes-to-your-co... ) is quite user friendly and answers many of the common questions SME's may have.

If you follow the link above you will find easy to understand guidelines for resolutions etc. Dont try to use overly complex language when framing resolutions, plain English is best. Think through what you are resolving and explain it as though speaking with a friend or family member.

I hope this helps, feel free to contact me directly if you need more help,

Cheers,

Neil.

Ian Harris added an answer to this question
Ian Harris

Ian Harris, Partner at B+I Lockwood Accountants

Top 10%

The dilemma with the above answer is the issue of negative gearing.

If the purchase is negatively geared then you want the property in the name of the taxpayer with the highest income.

In the utter , if you have paid down the loan this will cause a tax problem.

A unit trust structure may allow you to have your cake now and then have your cake in the future as well because there is a strategy with this structure for overcoming this problem.

Take professional advice!

Shane Gold

, Compliance Officer at First State Super

Thanks Ian. You're right, as each individual's circumstances are different. Seeing an accountant would be ideal in this scenario. Shane

Steven Brown added an answer to this question
Steven Brown

Steven Brown, Chairman at Etienne Lawyers

While an ABN is not a legal requirement ASIC now will not allow any one to register a business name if the entity does not have an ABN. So in practice yes it is necessary not because it is legally required but because of government policy.

Steven Freeman added an answer to this question
Top voted answer
Steven Freeman

Steven Freeman at Evolved Sound

Top 10%

Some private investigators & lawyers can access deeper level non public records for a fee. The public ones are mainly a case of working backwards from the known legal business name, company or entity.

James Norquay added an answer to this question
Top voted answer
James Norquay

James Norquay, SEO Director at Prosperity Media

The general rule is you need an ABN number if it is a "Business" if it is a "Hobby" then you may not need an ABN number, but that is a grey area.  I got an ABN number when I was 18 to sell on eBay the right way and pay tax. Now a few years later ive moved to a company and pay GST. My advice is if the businesses not a hobby set up and ABN number it just looks more processional when you send invoices to clients ect. 

Ling Lee

, at Digital Marketing and Personal Branding

Thank you so much for your advice!

Ananda Raj Pandey added an answer to this question
Top voted answer
Ananda Raj Pandey

Ananda Raj Pandey, Technical Team Lead at SAI Global

As per the second part of the question, Most of the banks or merchant account provider  doesn't allow you use multiple trading name, with single merchant account. So most of the time you have to have multiple merchant account for different trading name to be appear on customer credit card statement. 

George Grimekis CPA added an answer to this question
Top voted answer
George Grimekis CPA

George Grimekis CPA, Accountant at Alpha Omega Accounting & Business Solutions

Top 30%
Hi Jacqueline,
Have you spoken to your accountant?
They will be the first point of call for you to go and see if a company structure is suitable for you.
Also, they may be able to do all the setting up for you if that is what you are finding difficult. They may have contacts with a company formations firm ...  expand
Steven Freeman

, at Evolved Sound

The right accountant is essential and sometimes the right legal advice outside what your accountant can advise on is worth it too. The wrong advice can be very costly and messy to untangle down the track.

Steven Brown added an answer to this question
Steven Brown

Steven Brown, Chairman at Etienne Lawyers

You need to determine which structure is better for your having regard to your risk to minimise tax and have asset protection whilst not having to pay for workers compensation or PAYG. The issues need to be listed and considered having regard to the pros and cons for each structure.

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