Our business structure lawyers in Perth can help you identify and implement the most suitable solution for your operations, including company formations, discretionary and family trusts, unit trusts and partnerships.
We collaborate with financial professionals and taxation agents to determine the most tax-efficient and cost-effective way of conducting your business. Strengthen asset protection with tailored legal support from Affinitas Legal.
When you operate as a company, the business is recognised as a separate legal entity from its owners. This is indicated by the Pty Ltd designation and registration with the Australian Securities and Investments Commission, along with the allocation of an Australian Company Number.
While a company is the most complex structure to establish and maintain, the right legal support can make compliance far more manageable. At Affinitas Legal, we can assist with company formation, ongoing reporting, and ensuring your business meets its legal duties with confidence.
A trust structure offers greater asset protection and control over how business income is distributed. A trustee is legally responsible for holding and managing the trust’s assets and running the business for the benefit of its beneficiaries. This trust must be established under a formal trust deed, which sets out how the trust operates, how income and capital are distributed, and how assets are managed.
Discretionary trusts allow the trustee to decide how income is distributed among beneficiaries each year, while unit trusts divide ownership into fixed units with income distributed proportionately. These trusts are most suitable where income streaming, succession planning, or risk management are key considerations.
Our business structure law firm can help you determine whether a discretionary, family, or unit trust is the right fit for your circumstances. We prepare and review trust deeds, advise on trustee structures, and ensure your trust is set up and managed to balance risk, tax planning, and ongoing compliance.
Typically used by individuals and startups, sole tradership is the most straightforward and cost-effective way to operate a business in Australia. Under this structure, one person carries on the business in their own name or under a registered business name.
While setup and compliance are relatively simple, the business is not a separate legal entity. All income earned is treated as personal income and taxed at individual marginal tax rates. The owner is legally responsible for all aspects of the business, including debts and obligations.
At Affinitas Legal, we help sole traders to set up correctly, manage personal liability, and meet legal obligations. As your business evolves, we can also provide clear guidance on whether and when a different structure may support future growth more effectively.
Partnerships involve two or more people running a business together and sharing its profits and losses. This structure is typically used by friends, family members, or trusted associates striving to reduce setup costs while operating jointly.
Importantly, a partnership is not a separate legal entity from its owners, who face personal liability for any of its debts. Income earned by the partnership is distributed to the partners, who each pay tax on their share at their individual marginal tax rates. Most partnerships are governed by a partnership agreement, which outlines how profits, responsibilities, and decision-making are shared.
Our lawyers can help you understand and navigate the risks associated with partnership structures to protect your rights, obligations, and commercial interests. Establish a clear partnership or limited partnership agreement, manage exposure to partner actions, and reduce the risk of disputes.
Choosing the right business structure can feel daunting, especially when you’re weighing risk, tax outcomes, and long-term expansion. We provide clear, measured guidance to help you move forward with confidence.
Business structures don’t need to be confusing. We explain your options in plain English, outlining the legal, financial, and risk implications of each structure so you can make an informed choice that supports your business goals.
No two businesses are the same. We take the time to understand how your organisation operates now and what you want to achieve in the future, recommending a structure that aligns with your current needs, risk profile, and growth plans.
Whether you’re setting up a new business or changing its structure after decades, timing matters. Our lawyers handle the entire process efficiently and accurately, minimising disruption while helping to ensure compliance at every stage.
Our business structure lawyers are ready to help you navigate complex corporate matters. Make more strategic business decisions with tailored legal support.
A legal structure for a business is the formal way your business is set up in law. It determines how the business operates, who is responsible for its debts, how decisions are made, and how profits are distributed and taxed.
In Australia, the most common business structures are sole trader, partnership, company, and trust. Each structure comes with different legal, financial, and tax implications. It affects your personal liability, your ability to grow or bring in investors, and how easily the business can adapt as circumstances change.
Therefore, choosing the right legal structure from the start is critical. Getting the structure right early can save you significant time, cost, and stress later, allowing you to focus on building and scaling your business with confidence.
When choosing a business structure, it’s important to consider how the structure will affect your operations, risk exposure, tax position, and long-term plans.
Key factors to think about include:
– Income and growth expectations: Your current income and how you expect it to grow over the next 12 to 24 months can influence which structure is most suitable and tax-effective.
– Ownership and partnerships: Whether you plan to operate on your own, bring in a business partner, or involve family members or investors will affect the structure you choose.
– How the business operates: Consider whether the business is bricks and mortar, online, product-based, service-based, or a combination, as different models suit different structures.
– Level of business risk: Some businesses carry higher financial or legal risk. You should consider whether you are comfortable being personally liable for those risks or would prefer a structure that limits personal exposure.
– Asset protection: Your structure determines how well your personal assets are protected if the business incurs debts or legal claims.
– Tax planning and flexibility: Tax treatment varies significantly between structures. The most effective option depends on your personal circumstances and should be assessed with a tax accountant or business adviser.
– Administration and compliance requirements: Different structures come with different reporting, record-keeping, and ongoing compliance obligations.
– Succession and exit planning: Think about what happens if you sell, retire, or pass the business on. Companies and some trusts offer greater continuity, while sole traders and partnerships can be more limited.
Taking the time to assess these factors early can help you choose a structure that supports both your immediate needs and your long-term business goals.
Yes, you can change your business structure, and in many cases, it makes sense to do so as your business evolves.
As revenue grows or business operations become more complex, a different structure may offer better tax outcomes, stronger asset protection, or greater flexibility to bring in partners or investors.
However, it’s important to understand that changing your business structure can have legal and tax consequences. These may include new registrations, changes to contracts, capital gains tax considerations, and different compliance obligations. Personal liability can also change depending on the new structure.
With the right legal and tax guidance, you can transition to a structure that better supports your next stage of growth while minimising risk and disruption.
Your business structure may evolve as your operations, needs and goals change. If the structure that worked when you started no longer supports your objectives, it’s time to review it.
Common signs that a restructure could be beneficial include:
– Financial performance and tax outcomes: As income increases, a different structure may improve cash flow or profitability at certain stages of growth.
– Managing personal risk: If your business activities carry a higher risk, changing to a company structure may help limit personal liability.
– Business growth and expansion: Expanding operations, entering overseas markets, or attracting investors often requires a more flexible structure that supports growth and external funding.
– Changes in ownership: Bringing in a partner, buying an existing business, or changing ownership arrangements can make a new structure more suitable for how the business will operate.
– Succession and exit planning: If you are planning to retire or pass the business on, restructuring can simplify the transfer process and clearly define roles and responsibilities.
– Simplifying operations: In some cases, downsizing or reducing complexity may justify moving to a simpler structure with fewer compliance requirements.
If any of these situations apply, it’s a good idea to seek legal and tax advice to ensure a change in structure supports your business goals and avoids unintended consequences.
Having the right legal structure for your business is important because it affects almost every part of how your business operates, both now and in the future.
Your structure determines how much tax you pay, what registrations and setup costs apply, and how well your personal assets are protected if something goes wrong.
Your business structure also influences ongoing compliance obligations. Different structures come with different reporting, record-keeping, and regulatory requirements, which can impact your time, costs, and administrative workload.
Just as importantly, your legal structure defines your role within the business. It determines whether you are treated as an employee, how profits can be paid to you, and how much control you have over decision-making.
Getting the structure right from the outset gives you clarity, flexibility, and a stronger foundation to grow your business with confidence.
In Australia, your business structure has a direct impact on how your income is taxed and the level of personal risk you take on. Each structure is taxed differently, which can significantly affect your overall tax position:
– Sole trader: Income is taxed at individual marginal tax rates, and the owner is personally responsible for all tax and business debts.
– Partnership: The partnership itself does not pay tax. Instead, profits are distributed to each partner, who pays tax at their individual marginal rates. Partners are generally personally liable for partnership debts.
– Company: Companies pay tax at a fixed rate. Personal liability is usually limited.
– Trust: Trusts do not usually pay tax if income is distributed. Instead, beneficiaries are taxed on their share of the trust income, often allowing for greater tax planning flexibility. Trusts can also offer asset protection, but they come with more complex legal and compliance requirements.
At Affinitas Legal, our lawyers can help you choose a structure that balances tax efficiency, cash flow, compliance obligations, and personal asset protection.
A lawyer can help you choose, set up and change to the right business structure as your organisation grows. This includes identifying legal and financial risks and advising on structures such as companies, trusts, or holding entities to limit personal liability.
A business lawyer also ensures your structure is legally compliant, with the correct agreements, registrations, and governance in place under Western Australian law.
For tailored advice, please contact our team today.
Yes, we provide legal advice to new businesses across Perth and Western Australia. Our lawyers can assist you with selecting the right business structure, setting up companies or trusts, and putting clear agreements in place between founders, shareholders, or partners.
By getting the legal foundations right from the start, your business can launch with confidence, improve cost-efficiency, and become a sustainable and scalable operation.
TESTIMONIALS
Very friendly and helpful lawyer,
Mr Kyran Nunes went above and beyond and always happy to answer questions at any time. Went to their office so worried and stress and came out with smile and happy.
All the staff in affinitas legal are very friendly and helpful.
Definitely recommend these guys.
Ali R
I’d like to thank Kyran and his team for their prompt response and amazing customer service. It’s at times like these when you really appreciate your lawyer and their knowledge to cut through government bureaucracy and red tape
Kyran went above and beyond to help with the finalisation of my property settlement, all the while considering my financial situation! Thank you for your untiring dedication and I will definitely call you for any future requirements!
Annette F
Thanks to Kyran and Aimee for assisting through various court matters. Kyran is very professional, sincere and reliable person. He is very thorough and don’t miss anything which is very important to the case.
Both Aimee and Kyran are proactive and kept me informed throughout the court process. Due to Kyran knowing my situation and my case properly, I was able to successfully obtain a Recovery Order from family court. I highly recommend Affinitas Legal for there professionalism, affordability and friendly approach.
V Kumar
What an amazing team!! The level of service provided by Kyran and the team was exceptional. Great knowledge base to tap into and always ready to help. Very affordable pricing. I highly recommend Affinitas Legal.
Kartik S
Aimee did an excellent job with the legal services that we required. She was professional, fast, pleasant, articulate and compassionate to our needs. We highly recommend Affinitas Legal and would not hesitate to use them again. Their prices were fair and the other staff we met were very polite. Thanks very much for a job well done!
Esther W
We had kyran as our family lawyer and we are very impressed. with the matter getting resolved we We’re very impressed from the moment you stepped inside the office, you felt welcome and as you do dealing with these matters you get anxious and nervous and kyran made us feel very comfortable and we had all the confidence in him as a lawyer his expertise in the field was second to none. Dealing with the support of not only kyran but co director amie gave us the relief and calmness to deal with things in a appropriate manner. We couldn’t thank you enough to the both of you and will recommend you to anyone I come across that would need your assistance.
Jessica C
Firstly there would not be enough words to Express how highly we recommend Affinitas Legal. We have personally been dealing with the Family Court for years and dealt with a number of lawyers along the way.
The general public perception of lawyers is stereotyped in a negative way and this was also our perception before meeting with Kyran and Aimee, they do not fit this mold at all. They both have extremely high integrity a genuine compassion for their clients along with a wealth of knowledge in the legal profession, an extremely rare combination in our experience with previous lawyers.
Affinitas Legal have just recently helped us to achieve in the Family Court something that has never been done before. They have set new case law and helped to pave the way for other people facing similar injustices.
Kyran and Aimee have well exceeded our expectations and we will miss their support when the matter is finalized as they have personally helped myself and my wife to cope with some challenging times. I would highly recommend Affinitas Legal to anyone in the future.
Mark S
I would like to thank Affinitas Legal for assisting us n importing our Harley Davidson Motorcycles from South Africa. We were fighting a losing battle, but with Affinitas Legal’s in-depth research and professionalism we were able to overturn the outcome of the Tribunal’s decision. Thank you for handling and submitting all the documentation, and for the time spent on this case.
Americo P
My husband and I recently had our wills and estates done by the team at Affinitas Legal. Aimee was so professional, kind, warm and attentive. I would highly recommend Aimee and Kyran for any family/ estate matters in in future.
Andrea P
Kyran and Aimee provide a really personalised style of service and care that you dont often find in this field. It is clear that they are truly interested in the details of the cases and they really do give you a feeling that you are being totally supported through even the most terrifying of circumstances.
After experiencing some of the careless lawyers in the family court system I found Affinitas to be a refreshing change of pace. Their professional yet personal style has led me to refer more than a few people onto Affinitas, all of whom could not be happier with the service they received. Thanks Kyran and Aimee!
Nathan G
I couldn’t be happier with the professional and compassionate service provided by Aimee and Kyran. They displayed a high level of sincerity and were very understanding and empathetic to my particular circumstances. Aimee and Kyran are genuine people of high integrity and I would not hesitate in referring anyone in need of family law services.
I can’t thank you enough Aimee and Kyran!
Gabrielle R
I have recently used Affinitas Legal for all my consent orders relating to property and the care of my child which has also included my divorce.
After 5 and a half years of dealing with other lawyers who’s main concern seemed to be money money and more money I was so happy to finally meet with Kyran and Aimee who made the whole process an absolute breeze.
I cannot recommend Affinitas Legal enough and appreciate all they have done for me by making a very very difficult time in my life a lot easier.
Adam B
Thank you Aimee and team for your work and support through my separation. Aimee was patient, friendly and prompt at repIying to my emails. I highly recommend Affinitas Legal.
Tanya T
Going through a divorce is never a pleasant experience for either party concerned. I have to thank Kyran for his excellent attitude towards making this run as smoothly as possible. I shall not hesitate to use Affinitas Legal again should I require legal advice or representation.
Brian S
Very friendly and helpful lawyer,
Mr Kyran Nunes went above and beyond and always happy to answer questions at any time. Went to their office so worried and stress and came out with smile and happy.
All the staff in affinitas legal are very friendly and helpful.
Definitely recommend these guys.
Ali R
I’d like to thank Kyran and his team for their prompt response and amazing customer service. It’s at times like these when you really appreciate your lawyer and their knowledge to cut through government bureaucracy and red tape
Kyran went above and beyond to help with the finalisation of my property settlement, all the while considering my financial situation! Thank you for your untiring dedication and I will definitely call you for any future requirements!
Annette F
Aimee has been a pleasure to work with and made a stressful situation much easier to deal with. She has provided helpful advice throughout, going over and above to help and this was all included as part of the fixed fee. Would highly recommend her to anyone needing assistance with separation matters.
Natalia M
Kyran is very professional and knowledgeable. Thank you for always informing me of the best option to take in resolving my problem.
I would highly recommend Affinitas Lagal and I would not hesitate in referring anyone in need of family law services. Thank you for your support, professionalism and wonderful advice you gave me throughout this difficult time. I really appreciate everything.
Laxmi U
I contacted Kyran at Affinitas Legal for some advise on a property matter.
Kyran was professional, extremely knowledgeable & was very approachable in the areas I wasn’t experienced in.
After considering my options and feeling at ease after a great meeting, I chose for Kyran to take on the legalities of my property matter.
From day one I have felt very confident and comfortable with my choice in choosing this wonderful firm.
They really deserve all the success. Thank you team, I look forward to working together in the future.
Kaitlin J
Affinitas Legal has helped me achieved what I had been longing for in the Family Court. I am very happy with the outcome and I want to say thank you to the whole team involved. Mainly to Kyran and Aimee.
I first met Kyran in 2017, found him to be very understanding and he took the time to just listen. He was very effective in obtaining what is needed in my first court hearing. I was introduced to Aimee shortly afterwards. Amy showed me compassion and support that was needed during such stressful times. Aimee is very professional in her work and does quality Affidavits. I cannot thank you enough and I look forward to new beginnings.
Moun M
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