Family trust business structure

When choosing the best structure for your business, it’s important that you consider what might happen in the future.

If you want to build a business that you can pass down to other members of your family, then a family trust structure could provide you with an ideal tax-effective, long-term solution.

We believe that family trusts are extremely useful entities. Many people create them to manage assets and investments, but they often overlook the fact that a family business can be one of the most valuable assets they own.

This is where setting up a trust business structure can be highly beneficial, not only to the current business owner, but also the generations to come.

“A family trust can be a powerful structure for asset protection, tax flexibility and intergenerational planning — but it isn’t right for every business.”

How is a family trust set up?

How is a family trust set up?

In order to set up a trust correctly, you need to have:

  • a trustee
  • list of beneficiaries
  • a trust deed that outlines the relevant governance
  • initial assets (also known as the settlement sum).

A family trust is not a separate legal entity. So, to create a trust you will need to appoint a trustee, and they are the legal entity that owns the assets and performs functions on the trust’s behalf.

The trustee completes transactions and is responsible for adhering to the trust deed. They must always act in the best interests of the trust beneficiaries.

In addition to the trustee and the beneficiaries, there are two other important roles within the trust. These are:

  • the settlor – an independent individual given the responsibility in setting up the trust. They name the trustee, the beneficiaries, and if there is one, the appointor,
  • the appointer – whose job it is to appoint, replace, or remove the trustee.
What are the advantages?

What are the advantages?

Utilising a family trust as a business structure can offer significant advantages. In terms of flexibility, trusts offer effective tax planning opportunities.

The trustee can use their own discretion to distribute income to beneficiaries with the lowest marginal tax rates.

This enables them to reduce the trust’s tax rate. Another common situation is if one beneficiary has incurred capital losses, the trust can allocate any capital gains to that individual.

There is also additional asset protection within the trust environment, as no individual family member legally owns trust assets. Assets are the responsibility of the trustee.

This means that the trust’s assets are protected from a beneficiary’s third party creditors.

“Understanding how a family trust works with your goals and circumstances is key to unlocking its benefits.”

Business succession planning tends to be easier within a family trust structure, as you can pass control to the next generation simply by changing the trustee… or in the case of a company being the trustee, you change the directors and shareholders.

A key benefit here is that this transfer should not trigger any tax implications.

Another key advantage is access to small business capital gains tax (CGT) concessions. If you sell the business, there are generous concessions available if you meet one of two eligibility criteria.

These eligibility conditions are an annual turnover of less than $2 million and a total business asset value under $6 million.

The flexibility offered by a family trust makes it much easier to meet these requirements.

Seek professional advice

Setting up a family trust business structure is a complex undertaking. There are many considerations to take into account, and we recommend seeking professional advice to make sure that it will suit your needs.

Here at North Advisory, our team has extensive experience working with family trusts, and we are here to help you through the process.

If you’d like to find out more or speak to one of our business specialists, please contact us today.

Marius Fourie - Director & Business Advisor

About the author

Marius Fourie - Director & Business Advisor

As Director and Business Advisor, Marius uses his accounting expertise and empathetic skills to work directly with business owners and help them feel at ease with their finances.

Marius saw a common need in clients that just wasn’t being met by accounting providers.

That need was for clear, open communication and streamlined accounting services that didn’t come padded out with any unnecessary features.

Business owners just don’t have time to compare different accounting firms to see which one has the best packages with the best inclusions (many of which they would pay for but never use).

Key Takeaways

Family Trusts Offer Strategic Flexibility

Family Trusts Offer Strategic Flexibility

A family trust enables discretionary distribution of income and can adapt to changing family or business circumstances.

Asset Protection Is a Core Advantage

Asset Protection Is a Core Advantage

Assets held in a family trust can be more insulated from personal liabilities than assets held individually.

Not Suitable for Every Business

Not Suitable for Every Business

For small businesses or sole operators without dependants, the cost and complexity may outweigh the benefits.

Driven by our values

Effortless and Seamless

On-Boarding Process

Intuitive and Knowledgeable

Direct Expert
Access

Useful and Articulate

Financial
Reporting

Forward
Thinking

Compliance Solutions

Streamlined
Tech

Integrated and Automated

Frequently Asked Questions

What is a family trust?

A family trust is a legal structure where a trustee holds assets for beneficiaries, often family members. It separates legal ownership from beneficial ownership.

What are the main benefits of using a family trust?

Family trusts can offer asset protection, tax-effective distribution of income, flexibility in allocating profits and support for long-term succession planning.

Who should consider a family trust structure?

They often suit profitable family businesses, investors with diverse assets, and high-risk professionals who value flexibility and family-based wealth planning.

Are there disadvantages to a family trust?

Yes. Family trusts can be expensive to set up, require ongoing compliance and might not be cost-effective for smaller operations or individuals without dependants.

Can a family trust help with tax planning?

Yes — if used correctly and in compliance with tax laws, a family trust can provide flexibility in distributing income to beneficiaries in lower tax brackets.

Is a family trust only useful for big businesses?

Not necessarily. Family trusts can suit many businesses, but the structure needs to make sense based on your goals, complexity, and whether you’ll benefit from the flexibility it provides.

North Advisory’s Reviews starstarstarstarstar On google

Flo Mitchell
4 weeks ago
starstarstarstarstar

Changed to this company in 2019 from former accountant and love their approach of organizing everything for me face to face with Xero set up plus being able to call as much as I need for set annual fee. They also picked up on something that was not done correctly by my former accountant and saved me $4k for this.

Timothy Cummins
A month ago
starstarstarstarstar

They the truly the best, Martin and Judy are so experienced, knowledgeable & professonal, also quite like speaking with Rose : ) all people are so lovely!

Michael Iera
2 months ago
starstarstarstarstar

Positive, Responsiveness, Quality, Professionalism, Value

 

Michael Iera
2 months ago
starstarstarstarstar

Excellent company in regards to service and professionalism. Very experienced in dealing with complex matters. Highly recommended.

Reach out we are here to help

Recognising the uniqueness of each business, we specialise in customised accounting services crafted to meet your specific needs and drive business growth.

Don’t hesitate to contact us if you’re ready to streamline your financial management with tailored solutions. Your business’s success is our primary focus. Fill in the contact form or call us to book an initial 30-minute chat.

Suite 6, 11 Oaks Avenue
Dee Why, Northern Beaches
NSW 2099
Australia