Running a business – any business – is high risk. To reduce that risk you separate, as far as you can, the business from the individual. One method to do this is to trade through a Unit Trust which has a company as the trustee.
This is called a ‘Unit Trust with a corporate trustee’. It is a low cost and very effective way of carrying out asset protection. The Unit Trust is a common business structure where more than one family is involved. It is good if you and your friend are going into business together. (If you are setting up a business with just yourself then consider a corporate trustee with a family trust instead.)
E.g. New Comp Pty Ltd as trustee for the Smith Unit Trust
A company used for this purpose is called a ‘corporate trustee’.
A corporate trustee does not need an Australian Business Number (ABN) or a Tax File Number (TFN). A corporate trustee has neither an ABN or a TFN because it, itself, does not trade. The corporate trustee has no ‘beneficial’ interest in the assets it holds for the trust. The corporate trustee (this is the company you are currently building) merely holds the assets for the ‘true’ owner being the Unit Trust.
Therefore, the Unit Trust gets the ABN and TFN.
Similarly, the corporate trustee does not do tax returns. This is because it does not own beneficially any assets. For tax purposes, the corporate trustee owns no assets.
Running a business – any business – is high risk. To reduce that risk you separate, as far as you can, the business from the individual. One method to do this is to trade through a Unit Trust which has a company as the trustee. This is called a ‘Unit Trust with a corporate trustee’. It is a low cost and very effective way of carrying out asset protection. The Unit Trust is a common business structure where more than one family is involved. It is good if you and your friend are going into business together. (If you are setting up a business with just yourself then consider a corporate trustee with a family trust instead.)
While the corporate trustee:
1. has no assets (other than the $1.00 paid-up capital); and
2. can be sacked by the Unit Holders of the Unit Trust anytime
it is still important that each Unit Holder has some interest in the corporate trustee’s shareholding.
We check your company registration. This is before it proceeds to ASIC.
Incorporating a company with ASIC is important.
Our company and constitution comply as:
1. a trustee of a unit trust, family trust and bare trust
2. a trustee of Self-Managed Superannuation Fund
3. a crowd-sourced funding vehicle
4. a vehicle to operate a business
As you build your company on our website, check if your preferred company name is available.
You can’t use the words:
You can’t use words that could mislead people about a company’s activities. This includes links to the Government, the Royal Family, or ex-serviceperson groups.
ASIC refuses offensive and illegal names.
Australian Business Number: ABN
Company: Co, Coy
Proprietary Limited: Pty Ltd
Companies are governed by:
* a constitution (recommended), or
* replaceable rules
Replaceable rules (from the Corporations Act 2001) provide a basic set of rules for your company. They are not good. Few accountants, lawyers or advisers recommend them.
Replaceable rules are less than the bare minimum. There are many additional powers that a company should have. These are only found in a constitution.
Replaceable rules change at the whim of the current government. While the changes may benefit ‘society’, they may not be in the best interests of shareholders. In contrast, shareholders amend constitutions anytime.
* Adjunct Professor, Dr Brett Davies’ Doctorate was on business succession planning, our pre-emptive rights are cutting edge
* tag along requirement’ forcing minority shareholders to also sell their shares together with majority shareholders
* accountant friendly, GAAP compliant valuation powers
* profit distributions, even when there is no ‘profit’ for ATO purposes
* over 30 different classes of shares
* allowing Directors and shareholders to use Skype and other online facilities
* built-in Division 7A Loan Deeds
The 7 advantages of using Legal Consolidated:
A company pays tax at a fixed rate. (In contrast, a human being pays tax at different marginal tax rates. The more you earn the higher the tax rate.) Your company tax rate depends on whether the company is a base rate entity.
From 2020 there is a 5% difference.
For example, in 2018/19, a company’s base rate entity and use the Low Rate if its aggregated turnover is less than $50m and 80% or a less of its assessable income is base rate passive income. Passive income includes such things as dividends and rent.
The maximum rate that a company can use to frank dividends is its corporate tax rate for imputation purposes. It is worked out based on the company’s position in the prior year. It is either the current year Low Rate or the High Rate based on the prior year’s levels of aggregated turnover, base rate passive income and assessable income.
If the company was set up in the current year then the maximum franking rate is the Low Rate for the current year.
For more legal advice telephone us. We are a law firm. We can help you answer the questions.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
National Australia law firm
Mobile: 0477 796 959
National: 1800 141 612
Email: [email protected]