Structuring & Asset Protection

Imagine building a house without an effective plan; the outcome would probably be disastrous, yet this is what we often find when reviewing structures of existing businesses.

When we subject these structures to detailed scrutiny, they are often found not to be fit for purpose.

Whilst it is clearly better to start from scratch with a clean slate, we are often dealing with an existing structure which has not taken account of changes in the business environment, the owner’s objectives, or legislation. So we review all these factors, reset the objectives, and, as far as is feasible, adjust the structure accordingly.

With our existing clients we seek to undertake such a review on a regular basis to ensure that, in a rapidly changing business and legislative environment, our client’s business and personal objectives are met.

For new clients, we have found that getting the right structure in place from the start helps them to better cope with an incredibly rapid rate of change, complex legislation, and adverse business conditions when they arise.

We seek to assist with:

  • Complete segregation of active business and passive investment assets.
  • Flexibility within the structure
  • Protection of retained earnings and stakeholders’ equity
  • Income and capital gains tax efficiency
  • Ability to access and maximise small business capital gains tax concessions where possible
  • Ease of succession to family or third party To achieve these objectives, here are some of these items we work through:
  • Identify high and low risk entities within a group
  • Identify the high and low risk individuals who may control or direct the group.
  • Identify tangible and intangible assets in need of protection
    Identify how owner’s equity has been funded and contributed
  • Identify proposed use of equity and the need to fund growth or lifestyle.
  • In what tax jurisdiction do the stakeholders intend to accumulate their wealth.
  • Identify tax domicile of stakeholders and any international tax issues. The answers to the above allow us to develop a business structure plan, using a template developed over many years, specifically tailored to each client’s needs.

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