Note: To ask Sheryl

Asset Protection & Tax-Effective Structuring

Asset protection and tax planning go hand-in-hand in business structuring. We help design strategies to safeguard your wealth and optimise your tax outcome. For example, holding property or investments in a trust (with a corporate trustee) can legally separate them from business liabilities. We advise on using companies and trusts in tandem so that if business risk materialises, family assets remain protected.

On the tax side, we leverage structure flexibility. A family trust allows income to be distributed among beneficiaries at different tax rates. Profits retained in a company can be taxed at the lower corporate rate, with franking credits passed to shareholders. Throughout, we ensure compliance with ATO rules (e.g. personal services income and trust distribution rules). Our goal is to integrate legal structure with smart tax planning – for example, capturing available deductions, offsetting losses appropriately, and using consistent governance to maximise concessions.

Joint Venture Structuring (Incorporated & Unincorporated)

When collaborating on projects, the right joint venture (JV) structure is critical. We advise on both types:

• Incorporated Joint Venture: Parties create a separate company (a “JV company”) for the project. This entity is limited liability and can be sold or transferred as an asset. An incorporated JV provides clear accounting and often makes it easier to attract financing.

• Unincorporated Joint Venture: Parties agree by contract to share profits, losses and management of a project. This is quicker to set up (no new company) but requires a robust joint venture agreement.

In either case, we draft and review the JV agreement to spell out each party’s contributions, decision-making rights and exit plan. This covers governance issues like voting deadlocks, profit splits and dispute resolution. By structuring the JV properly, we help you leverage other partners’ strengths while limiting exposure to your own investment.

Governance for Family & Closely-Held Businesses

Family and closely-held businesses often benefit from formal governance frameworks. As experts note, it’s wise to formalise your governance structure before issues arise. We assist families in creating family business charters, shareholder agreements or family councils that define roles and succession plans. A clear framework aligns multiple generations on vision and values, and sets out how ownership transitions will occur. For example, we may establish a family council or independent directors to bridge family and business interests. Early governance planning helps avoid conflicts and ensures that the next generation is prepared to continue the business.

Collaborative Legal & Financial Advice

We pride ourselves on a collaborative approach. Our lawyers work hand-in-hand with your accountants and financial advisers so that legal and financial strategies are fully aligned. As the WA Small Business Corporation advises, you should discuss your proposed structure with financial, legal or business advisers before starting a business. In practice, this means we jointly coordinate corporate structure, tax planning and accounting. For example, we ensure that your business structure tax advice integrates with your accounting plans. This teamwork means our business structuring solutions are not only legally sound but also tax-efficient and commercially practical.

Contact Our Perth Business Structuring Lawyers

If you need clear, reliable business structuring advice in Western Australia, we’re here to help. Our experienced Perth lawyers will guide you through choosing and implementing the right structure – whether you’re comparing a sole trader vs partnership, weighing a company vs trust, or entering a joint venture. We’ll also ensure your structure includes proper asset protection and tax planning. Contact us today to arrange a consultation and learn how our business structuring expertise can support your WA enterprise.