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Legal Structures

So you're thinking about starting a business? But which business structure is right for you?

You can structure your business in different ways dependent on which one suits your business best. Each structure has different legal & financial obligations. Most businesses in New Zealand are sole traders, companies, partnerships or trusts.

Sole Traders

for people who are starting in business, self-employed or contracting. Setting up is quick & easy but you are responsible for paying back all the debts putting your personal assets at risk. You pay tax on all the income you earn from your work & claim all the expenses to reduce your income tax. This is the simplest trading structure but also the one with the greatest risk.

Partnerships

a partnership is when two or more people (or organisations) form a business. If there is no partnership agreement then profits, debts & work is shared equally. A partnership does not pay income tax as a business but rather the partners pay the income tax on their share. This also means that each partner is liable for the debts putting their personal assets at risk. There is also the option of a Joint Venture for one off projects that may better meet your needs.

Companies

a company is legally separate from its owners (directors & shareholders) which limits the owners’ risk. Shareholders are responsible for paying a company’s debts but can have a share of the company’s profits. A company pays tax on its profits only – the income left over after taking away the expenses. With the use of LTC’s (Look Through Companies) capital gains and profits can be passed directly though to shareholders like a partnership but with limited liability to the world at large.

Trusts

a trust is created when a person (settlor) transfers property to named people (trustees) to be held for the benefit of people chosen by the settlor (the beneficiaries). A trust is given a name, is a separate entity like a company, but it’s not. Businesses aren’t normally run through a trust but can be part of a business structure. Talk to us about how Parallel Trusts may better suit your goals.

What Else Should You Consider?

When setting up a business, it’s not just about structure. You’ll also need to understand:
 

  • Income Tax & GST

  • PAYE & Provisional Tax

  • FBT & ACC levies

  • Industry-specific codes and compliance
     

We’ll guide you through all of this and more—ensuring your structure supports your goals and keeps you compliant.

Why It Matters

No matter your structure, you must pay tax. But with the right advice, you can manage it effectively. At Storey & Associates, we help you weigh the cost vs. benefit of each option to find the best fit for your business.

Remember: Tax is your number one expense in life.
You can’t avoid it—but you can manage it.

Let’s Get It Right from the Start

Talk to us today for expert advice on setting up your business the smart way. We’ll help you choose the right structure and stay on top of your obligations—so you can focus on growing your business.

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