The structure you choose today may not be the right structure in five or ten years. Your business will grow, your circumstances will change, and the law itself may change. Planning ahead means knowing when and how to adapt.
When to review your structure
Consider reviewing your business structure when any of these situations arise:
When your business grows substantially, liability protection becomes more important. A sole trader earning $50,000 faces different risks than one turning over $500,000.
If you want to bring others into the business, you may need a structure that accommodates multiple owners with different rights and responsibilities.
When your income moves into higher personal tax brackets, the 28% company tax rate may become more attractive. Your accountant can model this.
Companies are generally easier to sell than sole trader businesses. If exit is on the horizon, restructuring early can make the sale smoother.
Marriage, separation, having children, or approaching retirement can all affect what structure works best for you and your family.
Restructuring has tax and legal implications. Always get professional advice before making changes - what seems like a simple change can trigger unexpected tax consequences.
Succession planning
Succession planning is not just for large businesses. Any business owner should think about what happens if they cannot continue - whether due to illness, death, or simply wanting to step back.
Key questions to consider
- Who could run the business if you were incapacitated tomorrow?
- Is there a family member who wants to take over, and are they capable?
- Could key employees buy into or take over the business?
- How is ownership treated in your will?
- If you have partners, what happens to their share if they die?
Succession mechanisms
Can include provisions for what happens on death or incapacity, including buy-out rights and valuation mechanisms.
Life insurance or trauma insurance can fund the purchase of a deceased or incapacitated owner's share.
Share ownership can be transferred progressively, allowing successors to learn while the current owner is still involved.
Preparing for exit
Whether you plan to sell, merge, or wind up, preparing early makes the process smoother and typically achieves better outcomes.
Exit preparation checklist
- Clean up your records - ensure all compliance is up to date and records are organised
- Formalise key relationships - ensure important contracts are documented, not just handshake arrangements
- Address owner dependency - reduce reliance on you personally for key relationships and knowledge
- Understand tax implications - how the sale is structured affects what you keep
- Consider restraint of trade - buyers often require sellers not to compete
Start early: Ideally, begin exit planning 3-5 years before you want to sell. This gives time to address issues and maximise value.
What we do at this stage
We help with restructuring, succession planning, and exit preparation. Our relationship does not end when the structure is set up - we are here for the long term as your business evolves.