The most tax effective Business Structures

I want to run a business. What is the best business structure? These are the building blocks of a business structure:  company – in trade in its own right company – as trustee of a family trust company – as trustee of a unit trust family trust...

Estate Planning Manual – escape death taxes, bankruptcy & divorce

At your death, your beneficiary’s inheritance is at risk from death taxes, Centrelink, bankruptcy and divorce. Working with your accountant and financial planner Estate Planning ensures that your estate goes to those you care about and not to the ATO and inlaws....

Drafting Div 7A Loans – ATO’s 4 concerns

The ATO has just audited my new client’s Div 7A agreement. It did not go well. Many Div 7A Loan agreements are not ‘commercial’ and therefore not valid based on 4 common drafting errors: The Div 7A Loan must be signed as a ‘Deed’ not as an ‘agreement’....

Why doesn’t your Employment Contract allow for specific Awards?

QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should...

Disaster with no employment termination clause

Q: Why put a termination clause in your Employment Contract: Brett, you strongly recommend termination clauses. We approached the website that normally prepares our Employment Contracts. They don’t use termination notices. I asked them why. They said they were...

Son lost the farm to his sisters – Family Trust guilty

Dad dies. What happens to his Family Trust with the farm in it? For asset protection, all of Dad’s assets are in his Family Trust. Dad’s Family Trust is worth $6m. It contains: a farm (worth $4m): and two apartments (worth $4m each). On his deathbed, Dad...

Are Employment Contracts a waste of time?

The accounting house built Employment Contracts for each of their accountants. The accounting house didn’t waste time getting Employment Contracts for secretaries. Joanne joined the accounting firm as a secretary. She typed letters for the managing partner. She...