Keep your assets safe and sound with our asset protection and business structure services. The Pherrus team consists of the best tax specialists and business tax accountants Sydney has on offer. We have a strong understanding of various business structures and the complexities that surround each one, and will therefore be able to ascertain the most profitable business structures based on your situation. Using our combined skills and expertise, we’ll determine which of the various corporate structures will most effectively safeguard your assets and make sure that your finances continue to grow sustainably.
We’ll guide you through the processes involved in establishing these structures, and ensure that each entity is set up properly from the get go. We’ll also provide ongoing support and advice to maintain your business and meet the requirements of each entity, ensuring that your financial future remains stable and that you are not faced with unnecessary costs or complications.
What is an asset protection strategy?
An asset protection strategy is a way to protect the assets you own personally if your business is sued or you owe money to creditors. Assets are often one of the first places that creditors or lawsuits look at to recover costs or funds, making your personal assets vulnerable to removal or sale if they are not adequately protected and handled.
In Australia, there is a range of different strategies available to help you to protect your assets from creditors, preventing access should you need to pay off debts or legal costs. These strategies are designed to create a degree of separation between your business matters and your private ownership, ensuring you won’t lose personal assets in relation to business expenses. Some of the key strategies for asset protection into getting business insurance, transferring assets to your spouse, and creating a separation of your business and personal life.
What is the best asset protection strategy?
The best asset protection strategy will depend on your circ*mstances and requirements. But in most cases, the best asset protection strategies all involve one key component: creating a barrier between your personal and professional life and dividing your assets between the two. Any assets you own as a business, such as premises or warehouses, are separate from personal assets, such as property, which prevents creditors from having free choice over which assets they use to pay off debts.
If you’re unsure where to start in protecting your personal assets, the best thing to do is to speak to a qualified professional. A trained expert can provide guidance on the best business structure, procedures, and practices to help keep your personal assets safe should debts or lawsuits occur in your business. A tailored asset protection strategy is always the ideal solution to ensure you’re as protected as possible.
What business structure is best for asset protection?
If you are a small business in Australia, you may be operating as a sole trader or partnership. But for asset protection, these two entry-level business structures don’t offer the security you need to keep business and personal entirely separate. When you are a sole trader, there is no hard line between what your company owns and what you own as an individual, leaving your assets at risk.
Having insurance in place may be an effective way to mitigate specific risks to your assets, but if you want to improve your protection from the inside out, opting for a company or trust is the best option. This business structure offers clear separation for your business, leaving your assets out of the picture entirely. If you’re not sure how to change your business structure, speaking to our professionals is an excellent place to start.
How can I protect my assets in Australia?
If you want to protect your assets as an Australian business owner, the best thing you can do is speak to the experts. A qualified professional can advise on the right steps to protect your assets for your individual circ*mstances. Typically, this advice can include choosing the right business structure, ensuring all business accounts are separate from personal accounts, and meeting all necessary legal obligations as a business owner to ensure your personal assets are never at risk, no matter what happens.
Having the right business insurance and using techniques such as different trusts or asset transfers can offer an additional layer of asset protection in Australia on top of following the proper practices and legal obligations for your business. The objective of these tasks is to create clear separation and the distinction between business and personal, leaving no ambiguity over which is which to creditors or during lawsuit action.
What Is Asset Protection in Australia?
Australian asset protection refers to the strategies and legal mechanisms individuals and businesses use to safeguard their assets from risks, such as lawsuits, creditors, or financial difficulties.
It involves taking proactive measures to structure ownership, establish trusts, utilise insurance, and employ other legal tools to protect your assets from potential claims.
What Is the Best Trust Structure for Asset Protection?
The best trust structure for Australian asset protection depends on your individual circ*mstances and goals.
However, a discretionary trust, commonly known as a family trust, is often considered the most effective option. It provides flexibility and control over assets while offering asset protection benefits.
Transferring assets into the trust allows you to separate personal or business assets from potential risks. The discretionary nature of the trust allows the trustee to distribute income and assets to beneficiaries at their discretion, providing an additional layer of protection.
Consult a legal professional to determine the most suitable option for your specific asset protection needs.
What Is Covered Under Asset Protection?
Australian asset protection covers a wide range of assets that individuals or businesses may own. This includes tangible assets such as real estate properties, vehicles, equipment, inventory, and valuable possessions like artwork or jewellery.
Financial assets like bank accounts, investments, stocks, bonds, and retirement accounts can be protected, as well as business assets such as company shares and contracts.
Intellectual property rights, such as patents, trademarks, and copyrights, may also fall under asset protection.
The aim is to shield your assets from potential risks, legal claims, or financial liabilities.
Who Should Get Asset Protection?
Australian asset protection is beneficial for anyone who wants to safeguard their belongings and financial well-being.
It’s particularly ideal if you have valuable assets, work in a high-risk profession, or engage in activities that may lead to legal disputes. Whether you’re a doctor, lawyer, business owner, or real estate investor, asset protection can help safeguard your assets from potential claims or financial setbacks.
Asset protection is not limited to just the wealthy- it’s valuable for anyone wanting to secure their hard-earned assets for peace of mind.
What Are the Methods of Asset Protection?
Asset protection strategies and methods include
1. Legal entities: Establishing trusts, corporations, or limited liability companies (LLCs) helps separate your personal assets from business liabilities.
2. Insurance: Obtaining comprehensive insurance coverage can protect your assets from risks like property damage or liability claims.
3. Homestead exemption: Taking advantage of homestead exemption laws can safeguard your primary residence from certain creditors.
4. Estate planning: Creating a well-structured estate plan ensures your assets are distributed according to your wishes to offer protection.
5. Retirement accounts: By making contributions to a superannuation fund, these funds are considered to be held for retirement purposes and are generally protected.
What Is the Best Form of Asset Protection?
A discretionary trust, commonly known as a family trust, is widely considered the most effective asset protection strategy. It offers flexibility and control with the ability to distribute assets to beneficiaries at your discretion.
The best form of asset protection really depends on your circ*mstances and goals. Asset protection is a complex matter, so it’s advisable to consult with legal and financial professionals to determine what’s best for you.
What Is an Asset Protection Tool?
An asset protection tool is a legal strategy or mechanism to safeguard your assets from potential risks and liabilities.
Asset protection strategies include discretionary (family) trusts, creating a limited liability company (LLC), obtaining comprehensive insurance policies, legal agreements and contracts, and estate planning.
What Is the Goal of Asset Protection?
As the name suggests, asset protection aims to protect your assets from potential risks, liabilities, and legal claims.
Such protection is accomplished by separating your personal or business assets from liabilities, reducing the risk of loss.
Asset protection strategies vary depending on individual circ*mstances and can include measures like asset segregation, estate planning, and the use of legal entities to shield assets from potential threats.
