Network Magazine spring 2014 | Page 39

Figure 1. Benefits and disadvantages of different business structures Sole Trader Partnership Company Discretionary Trust Unit Trust Cost to establish Lowest Potentially highest1 Higher Higher Higher Administer Easiest Potentially highest Higher Higher Higher Limited liability No Potentially worst Asset protection Lowest Potentially worst 2 Yes Yes Yes Better Better Better Workcover for self No Maybe Yes Yes Yes Split income No Better Better Best Potentially best New partners/investors No3 Yes4 Yes Difficult Yes CGT discounts Yes Yes No5 Yes Yes Salary packaging Use of losses Owners’ disputes Succession No No6 Yes Yes Yes Best Better Lower Lower Lower Lowest Higher Higher Lower Higher Terminates on death Terminates on change of partner Yes 80 years 80 years 1. With recommended partnership agreement and shielding of personal assets 2. Unless partnership of companies/trusts, but company/trust may still be potentially liable for all the debts and obligations of the partnership 3. New structure would be required 4. But new partnership agreement required 5. But does have small business CGT concessions 6. Unless partnership of companies/trusts Leon Ponte, Juris Doctor (Law) is a founding principal of Ponte Earle – Business Lawyers for Business® and is in a select group of approximately only 110 lawyers accredited as specialists in business law by the Law Institute of Victoria. He has a strong personal interest in the fitness industry, holding Certificates III and IV, and has provided advice to fitness facilities, personal trainers and suppliers to the industry. ponteearle.com.au NETWORK SPRING 2014 | 39