In our role as accountants and advisors, we consistently provide guidance to families seeking to establish and maintain fair and equitable business affairs. The journey often begins with businesses adopting simple ownership structures, yet as they progress and expand, intricate challenges emerge, necessitating the delicate management of equity interests, tax considerations, and commercial risk.
The incorporation of additional family members into the ownership framework elevates the importance of achieving a delicate balance in areas
such as tax optimisation, risk mitigation, and ensuring equitable treatment. An inherent challenge lies in differentiating between roles in
ownership and management.
Ownership encompasses legal and beneficial aspects, entailing the sharing of profits and losses, assuming commercial risk, and contributing
to capital. Conversely, management roles involve elements like salaries and bonuses, contingent on factors such as experience and
responsibilities.
Maintaining clarity regarding equity positions emerges as a fundamental aspect of effective governance. Introducing periodic equity statements, delineating the inception and conclusion of equity positions, the distribution of profits, and deductions like drawings and taxes, serves to amplify transparency.
Complex ownership structures may find benefit in the establishment of distinct entities for each family member's equity interest.
Given the intricate nature of these considerations, periodic reassessment of your equity position emerges as a prudent and strategic investment for the upcoming year.
Reassessing your equity position is a wise investment for the year ahead.
On 31 March, the Fringe Benefits Tax (FBT) year ends. With the ever increasing budget deficits, the ATO will be reviewing whether all employers who should be paying FBT are, and that they are paying the right amount. Who needs to lodge a FBT return? Find out here.
If you’re a director of a small business, Payday Super isn’t just an HR or payroll issue. It’s a governance issue that could directly affect your personal legal exposure.