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Getting the SME structure right: Art v science


Determining an appropriate structure for a taxpayer’s business requires a fine balancing of many issues, which may include any or all of income tax, capital gains tax and state tax considerations, asset protection, potential employee participation, future funding requirements, and compliance costs and succession planning issues. Further, the right structure will take into account the client’s future needs and will be able to grow with the client and afford a considered exit strategy. While the legal concepts of structuring are generally well understood (the science), it is combining these concepts with the day-to-day practical matters that is most difficult (the art).

This article highlights the necessary considerations when structuring or restructuring and how to achieve the right balance between what is technically correct and what will be practically efficient. The article is intended to provide a high-level overview of the key income tax considerations only.

Author profile

Troy Morgan CTA
Troy Morgan, CTA, is a Partner with Deloitte Private in Brisbane. Troy advises a wide range of clients on various tax and commercial matters including business structuring, restructuring, inbound and outbound investment, tax-effective financing and small business CGT concessions. Prior to joining Deloitte in 2012, Troy undertook a similar role with PwC Private clients for four years and before that worked as a CFO for a funds management and structured property finance group. - Current at 24 November 2014
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