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Your business has changed. Has its structure kept up?

Business owners reviewing their company structure with an adviser
Jason Bertalli

Jason Bertalli

Director, BNR Business Accountants

Jason Bertalli is the Director of BNR Business Accountants in Seaford, working with small and medium business owners across Melbourne on tax, structure, cash flow and building a business that funds the lifestyle they want.

In this guide
  1. What your structure actually decides
  2. Signs you've outgrown your setup
  3. Why this isn't a DIY switch
  4. How we approach it

The start of a new financial year is a good moment to ask a question most owners never revisit: does the structure you trade through still fit the business you actually run?

Plenty of businesses across Victoria are still set up the way they were on day one. A sole trader ABN. A basic company someone registered years ago. Back then it was the right call, cheap, quick and enough for what you needed. But the business has grown since. You’ve taken on staff, bought equipment or a vehicle, brought family into the mix, and the profit looks nothing like it did. The structure hasn’t moved, and that gap can quietly cost you.

What your structure actually decides

The way you’re set up (sole trader, partnership, company, trust, or a combination) isn’t just paperwork. It shapes four things that matter to you.

  • How much tax you pay, and how flexibly you can distribute profit
  • How profits get shared between owners or family members
  • How well your personal assets, like the family home, are protected if the business hits trouble
  • How easily you can bring in a business partner, or hand the business over or sell it down the track

Get the structure right and these work in your favour. Leave it stuck on an old setup and you can end up paying more tax than you need to, exposing assets you’d rather keep safe, or making a future sale harder than it should be.

Signs you’ve outgrown your setup

You don’t need to review everything every year. But a few clear signals tell you it’s worth a proper look.

Your profit has grown, and more of it is being taxed at the top marginal rate. As a sole trader, every extra dollar is taxed in your name at your personal rate. Once profit reaches a certain point, a company or trust can change how that income is taxed and shared. That’s often the first thing owners notice, more money coming in but a bigger slice going to tax.

You’ve taken on staff or bought significant assets. More people and more equipment mean more risk sitting inside the business. If a claim ever lands, the structure decides whether your personal assets are in the firing line.

You want to protect the family home. If your home is currently exposed to business liabilities, a better structure can put distance between the two.

Family members are now involved. A spouse doing the books, adult kids working in the business, a plan to pass it on one day. Structure affects how you can share income with them and how a handover would work.

You’re thinking about succession or selling. This is the big one, and it needs the most lead time. The right structure years before a sale can make a real difference to the capital gains tax you pay when you exit. Sort it late and the options shrink.

Why this isn’t a DIY switch

Changing structure isn’t as simple as registering a new entity and moving on. Shifting a business from one structure to another can trigger capital gains tax and stamp duty, and there are legal steps to get right so the change holds up. Done without proper advice, a well-meant switch can cost more than the problem it was meant to fix.

There are concessions and rollovers that can reduce or defer some of those costs, but they’re specific and conditional. This is exactly the kind of decision that needs someone to run the numbers on your actual situation before anything moves.

How we approach it

When we review a client’s structure, we start with where you are now and where you want the business to go. We look at how your current setup is taxing your profit, how exposed your personal and business assets are, whether profit is being shared as well as it could be, and how ready the business is for a partner, a sale or a handover.

If the review shows your structure still fits, we’ll tell you that plainly and you can get on with running the business. If a change makes sense, we’ll show you what it would look like, what it would cost to get there, and what it would save. Then we handle the compliance side, the company or trust setup and the statutory paperwork, so it’s done properly.

The whole point is a business that works for you, one that funds the life you actually want rather than just keeping you busy. Your structure is a big part of whether it does.

If it’s been a few years since anyone looked at yours, the new financial year is the natural time to check. Book a free first consultation or call us on 1300 226 722, and we’ll tell you honestly whether a change is worth making.

This is general information, not personal advice. Your situation is unique, so talk to us before acting on anything here.

This article is part of our complete 2026-27 guide to small business tax in Australia.

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