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At Pengelly & Co Legal, we help you make decisions about structures and restructures with confidence.
Choosing the right structure for your investment or business, and knowing when to restructure, can be a daunting decision. The decision carries long‑term implications for tax outcomes, asset protection, succession planning and how the business operates day to day. At Pengelly & Co Legal, we help simplify the process for you and provide tailored and clear recommendations.
Whether you’re setting up a new venture or refining an existing arrangement, we provide practical, strategic advice to ensure your structure supports your goals now and into the future. Our work spans the full suite of entities commonly used by private groups, family enterprises and professional practices, as well as tax roll‑overs and reorganisation rules that support efficient transitions.
How We Can Help
We provide comprehensive advice and assistance with:
Entity establishment and intitial structuring
- Advising on the appropriate structure for business and investments (including company, discretionary trust, unit trust, hybrid trust, SMSF, partnership, joint venture)
- Establishing entities and preparing governing documents
- Tailoring structures to include / exclude foreign persons for stamp duty and land tax purposes
- Advising on registrations, elections and compliance obligations
- Advising on options for capitalising entities
Business Restructures & Roll‑Overs
- Advising on restructures for growth, asset protection, succession, shared ownership, mergers and acquisitions
- Trust deed reviews, amending or modernising trust structures, including trust resettlement risk management
- Advising on CGT roll-overs, including scrip for scrip, ‘top hatting’ and small business restructure roll‑over;
- Drafting employee share scheme and share sale documentation
What we help with
Structure advice and set-up
Including company, discretionary trust, unit trust, hybrid trust, SMSF, partnership, joint venture
tax-effective capitalisation
Advice on options for capitalising entities including loans, equity contributions, share subscriptions
registrations and elections
Advice and assistance with tax-based registrations and elections such as payroll tax, PAYG, GST, consolidations
restructuring & roll-overs
Advice on tax consequences of restructuring, M&A and availability of CGT roll-overs
small business cgt concessions
Advice on application of CGT small business concessions to business restructures
employee share schemes & share sales
Advice and documentation for bringing in new owners tax-effectively
We’re Here When You’re Ready
Whether you have a quick question or need detailed advice, our team is ready to listen and guide you forward.