Business Structuring

Setting up a new business venture VdV Legal will ensure the legal and organisational structures involved are those most conducive to operating a successful enterprise. This includes consideration of the set up cost of different structures and also of the ongoing costs of operating and administering structures and their taxation implications. VdV Legal works with business owners and their advisors to structure business operations and provides customised documentation to ensure that whether corporate, trust, partnership or combined structures are used each business is set up for success.

Business Succession

Whatever your legal structure and whatever your hopes for the future VdV Legal can help ensure a successful transition. With years of experience assisting businesses and their advisers to successfully transition business operations whether by sale, family succession, management buy out or merger, VdV Legal understands the commercial and personal issues involved. We can help to ensure an effective transition whether you expect your eventual retirement to be after a sale or if a family succession plan is needed. We prepare and assist you to implement the agreements and structures you will need in place to prepare for the eventual transfer of ownership and control in a way that puts the business and every party in the most favourable position for successful transition.

Business Transactions and Restructures

The many federal tax concessions available combined with the recent stamp duty changes in South Australia mean that this is the time to ensure every business is operating in the best structure. With extensive experience in restructuring business operations and developing optimal structures for business transactions VdV Legal is ideally placed to ensure that each transaction is commercially efficient and tax effective. Commercial documentation is prepared for each individual transaction and VdV Legal provides advice on accounting for transactions from both a financial and taxation perspective.

Preparation of Commercial Documentation

Preparation of effective contractual documentation when buying or selling assets, taking on staff or hiring contractors is essential. Confidentiality, loan, licensing and rental agreements must fit not only the agreed transaction but ensure that each party is clear about their responsibilities and liabilities and provide clear and unequivocal procedures for dealing with the unexpected. VdV Legal prepares commercial documentation you can rely on.

Stamp Duty, Payroll Tax and Land Tax

South Australia has some of the most complex state tax legislation in Australia. With a detailed understanding of South Australian legislation VdV Legal is able to provide clear and comprehensive advice on the application of Stamp Duties, Land Tax and Payroll Tax legislation to each business. We have the experience that is essential in dealing with the complexities of these laws. While VdV Legal never engage in needless confrontation with RevenueSA we have the experience and the ability to litigate matters where this is needed to ensure the best outcome for our clients.

Superannuation Funds

Superannuation is one of the fastest changing areas of the law. In an environment that was designed to be conducive to long term planning the pace of change is confrontational particularly for those approaching retirement. VdV Legal structures and provides advice on the operation and administration of self managed superannuation funds (SMSF) and prepares clear and reliable documentation to get the best results from superannuation savings. We also assist with the form and management of your death benefit nominations to ensure your superannuation is used as you intend.

Publications

Taxation Advice and Tax Disputes

Companies, trustees, partnerships and individuals are all taxed in different ways with different areas of the income tax and capital gains tax legislation applying to each. Advising on tax effective structures and transactions VdV Legal has significant experience in all areas of federal tax legislation and where necessary negotiating or contesting matters with the Australian Taxation Office. VdV Legal actively maintains a cutting edge knowledge of tax changes, providing monthly update tax breakfasts for clients and regular seminar presentations for a variety of professional organisations in South Australia.

Trust Structures

There are many forms of trust structure each of which has its own particular issues and benefits. Trust structures may be as varied as human imagination and the drafter’s skill allow. VdV Legal specialises in drawing customised trust instruments including discretionary trusts, hybrid trusts, unit trusts, class trusts, family succession trusts, testamentary trusts, protective trusts, special disability trusts, superannuation trusts, custodian trusts and trusts which are able to access stamp duty concessions. Each trust deed is designed to be easily and cost effectively customised as every client is an individual.

Publications

Wealth Management Structuring

Wealth management structuring involves considering not only the wealth the client has built up but also how they intend to use and to pass on that wealth. Different structures can be used to ensure that each client’s wealth is managed in a commercial and tax effective manner and that it is passed on as the client intends to his or her chosen beneficiaries.

Wills and Estates

Effective estate planning is the ability of a person to dispose of his or her property upon death to those he or she wishes to benefit. This is not the preserve of the very wealthy but for every individual. Misunderstandings about what happens to property, businesses and superannuation on a person’s death abound; most commonly many believe that dying without a will just means your spouse gets everything – not necessarily. The only certain result of dying without a will is that it will take longer, be more complex and cost your family more to deal with your estate – to this is often added the worry of not knowing what the deceased actually wanted. VdV Legal can provide advice and documentation to help ensure that when you die your property is dealt with as you wish rather than in accordance with impersonal legislation.

Publications