Structuring Our Own Pty Ltd Companies

My partner and I each have our own Pty Ltd company which both started before we met and both companies are past that all important 2 year mark - which makes borrowing easier.

We both work as consultants - my partner is contracted to one client and I work on projects for a number of clients.
We're now thinking it makes sense to just both we directors of one company rather than doubling up on all the insurances, etc.

The tricky part is if my partner gets paid by my current company, then when we apply for our next mortgage, it will be considered a new employment which the banks might see as risky.
So we thought perhaps he could still be paid by his company, as a subcontractor to mine which would invoice his client. Helps on the stable employment front and some insurances, but still not ideal.

Does anyone have any other ideas or suggestions, or perhaps how it could work if his company became a subsidiary of mine?

Comments

  • +15

    You've got sort of a complicated situation here that probably warrants actual professional and personal advice - which you are exceedingly unlikely to find here!

    • Agreed, just want to see if anyone had any experience with this.
      Broker is looking at things as is our accountant, but I always like to see if others have first hand experience :)

    • I've done the structuring of companies before, I'm not touching this with a 40 foot pole. Last thing I want to do is free work building someone's corporate structure then them suing me if it goes tits up.

  • Seems like very specific advice to be trying to crowd-source from the internet.

  • +3

    Keep it as two separate entities until after the loan.

  • +4

    Interesting chain of events…

    August 2021 - "My partner and I have just bought a house."
    April 2022 - "We're buying a plot of land"
    April 2022 (4 days later) - Fence dispute - "Us and both neighbours are 'new'"

    How'd you go getting the mortgage only 10 months ago…? Wouldn't you be in the same position now, in whatever number mortgage you're up to?

    • 10 months was in the middle of a bull run.

      • And that makes a difference how?

        • People were making a killing on stonks.

    • Yes, we'll be in the same position if we keep things as is… which is fine, we'll get the mortgage etc.
      But we're just considering how we could structure things differently. If not, then we'll leave it as is.

      Whats the fence dispute got to do with anything?
      And how is this an 'interesting chain of events?'

  • The tricky part is if my partner gets paid by my current company, then when we apply for our next mortgage, it will be considered a new employment which the banks might see as risky.

    This is where things might be unnecessarily complicated.

    Go see a good mortgage broker who can assist

    • Low doc loan, you will be right.

  • how long are you and your partner planing on staying together? will not be much fun having a relationship and business breakup at the same time. If this is a short to mid term relationship I would keep the companies separate.

    • +1

      Yes, this is obviously a short term relationship and I've set an expiry date…. haha

  • However you structure it, do it with the view that relationships come to an end. Make sure you are both protected in case that unfortunate event happens to you.

    • Agree, but we already have a couple properties together, whats an extra business thrown into the mix ;)
      Its a cost saving exercise that could help with future investments.

      • +1

        Properties are properties. This is different. Imagine the scenario you lose control of your company. You will lose your income. A domestic dispute can become a directors dispute very quickly.

        Get professional advice and think hard before you do anything.

      • +1

        Isn't this called shitting where you eat?

  • +3

    Accountant here: Do NOT combine them. Keep them separate.

    There are like 20 reasons I can think of but cbf listing.

    Dont cheap out for a few $$$ a year.

    • +1

      Agreed.
      The tiny benefits of combining them are massively outweighed by the exposure.
      I wouldn't do it if you were just starting out, let alone now you have two established corporate entities.

      • Why? Yes there are issues of control and 'exposure' if the relationship breaks up, but there are 100,000s of companies out there with 2 or 5 consultants working under the same company that have exactly the same issue - if the business relationship breaks up. there are many couples who work for the same company or run a partnership together etc etc. It can be a mess but so can any arrangement.

        The OPs concern about mortgages is a bit irrelevant, banks wont particularly care and are totally used to it and a broker will be able to explain it all to the bank. Having all the income through one company might assist at tax time as you can structure income (might be worth throwing a trust in there - potentially even creating a whole new company structure). There could be PSI issues; on the other hand a single company allows the business to grow and perhaps start marketing under one banner (may or may not be useful depending on whether their skills are complementary).

        If the only benefit is insurance and some minor tax accountant costs, then I wouldnt bother. Probably you can find a policy that insures both companies as co-insureds/joint insureds. You do have to pay the costs of two companies but those are fairly minor.

        However if there are more substantive benefits, such as marketing, then it should be thought about

        • Short answer - because OP's business is now exposed to partner's issues, and vice versa.

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