Practice Update November 2025

28 October 2025

A Practical Guide to Running Your Family Business in Australia

Family businesses are the backbone of Australia’s economy, accounting for roughly 70% of all businesses. From farms to cafes and construction firms, many local enterprises are family-owned. Running a family business can be incredibly rewarding – you’re building a legacy and working with loved ones. However, it also brings unique challenges, as family emotions and business decisions often mix when the dining table doubles as the boardroom. This article outlines key legal, accounting, tax, and strategic tips to help small- to medium-sized family businesses succeed.



Choosing the proper business structure

One of the first steps is deciding on a structure. Common options include sole trader, partnership, company, and family trust. Each has different implications for liability, tax and control:

It’s wise to consult an accountant or lawyer when choosing a structure, as the decision affects your taxes, legal obligations and how family members can be involved. For example, a discretionary trust lets you split income tax-effectively among relatives, while a company structure makes it easier to transfer ownership to the next generation via shares.

Example: A husband-and-wife team running a café might start as a simple partnership, but as the business grows, they may incorporate a limited liability company. They could even set up a family trust to hold the company shares, allowing income to be split between them and their adult children who work in the cafe. By getting the structure right and keeping business and family arrangements clear, this family can enjoy the convenience of working together while reaping financial benefits and protecting their assets. Each family business will have its own journey, but careful planning and open communication are universally helpful in turning a family venture into a lasting success story.



Legal essentials and family governance

Running a family business professionally means putting proper legal frameworks in place. Formal agreements are crucial – document roles, ownership and decision-making processes clearly. If you have multiple family co-owners, set up a partnership or shareholders’ agreement to spell out each person’s role, decision-making authority, and what happens if someone exits. This helps prevent disputes by addressing issues such as retirement or strategic disagreements before they arise.


Set clear boundaries between family and work. Personal issues can easily spill into the business if not managed, so try to keep “shop talk” to work hours (not every family dinner) and make sure everyone understands their role in the business. Good communication is key—clarify expectations and ensure everyone feels heard.

Bring in outside talent or advisors when needed– a non-family perspective can fill skill gaps and reduce insular decision-making. Treat family and non-family staff equally and professionally to avoid any perception of nepotism. An external mentor or even a small advisory board can also help keep your business on track objectively.

Example: Australia has many enduring family businesses that chose their structures wisely. Haigh’s Chocolates, for instance, has remained a privately held family company since 1915 and is now led by the fourth generation of the Haigh family. Another iconic example is Coopers Brewery, founded in 1862, which is still family-run after six generations of Coopers at the helm. These companies show that getting the foundations right and planning for the long term can build a legacy.


Accounting, finances and tax compliance

Sound financial management keeps your family business healthy. First, keep business finances separate from personal finances—open a dedicated business bank account and avoid using it for personal expenses. This makes bookkeeping easier and is viewed favourably by the ATO. Consider using accounting software or a bookkeeper to track income and expenses, manage cash flow, and ensure bills and taxes are paid on time. Staying on top of the books also helps maintain harmony, because financial surprises or unpaid debts can strain family relationships.

If you employ family members, treat them like any other employees for legal and tax purposes. This means:

  • Pay legal wages at least the minimum award rate, and make superannuation contributions.
  • Keep proper records of their work – timesheets and employment contracts.
  • Avoid artificial arrangements – don’t pay family who do no real work, or pay inflated wages just to reduce tax. The ATO monitors such practices and can deny deductions.

One benefit of hiring family is that you may spread income around. For example, a lower-earning spouse or an older teenager on the team can earn up to the tax-free threshold (about $18,200) and pay no income tax – while your business still claims a deduction for their wages. Just ensure any family member in the business is actually contributing and being paid fairly for what they do.


Stay on top of tax compliance

Lodge your BAS and tax returns on time, and meet payroll reporting requirements. Remember that qualifying small companies pay a lower 25% company tax rate, and if you use a trust, follow the rules for distributing income to family members properly. An accountant can help you navigate issues like fringe benefits tax and ensure you’re getting any small-business tax concessions available.


Planning for succession and long-term success

Plan for succession early – many experts recommend starting handover plans at least 3–5 years in advance. Talk openly with your children or other potential successors about their interests. Don’t assume they’ll automatically want to take over. If not all your kids want to be involved, figure out a fair way to treat those who aren’t.

Gradually prepare the next generation by increasing their responsibilities and mentoring them. Decide how and when you will hand over leadership and ownership – whether you step back slowly or retire outright. Every family is different – some transitions are smooth, others are emotionally charged. An independent advisor can help guide tough conversations, and professional advice will ensure the transition is structured correctly.


 Conclusion

Running a small-to-medium family business is a balancing act between family and commerce. By setting up the right legal structure, keeping solid accounts, staying on top of tax obligations, and planning for growth and succession, you set the stage for lasting success. Remember to communicate openly and seek professional advice when needed – accountants, tax agents and lawyers (who often advise many family businesses) can provide invaluable guidance. With passion, planning and a bit of patience, your family business can not only support your household today but also become a proud legacy for future generations. Good luck with your family business journey!


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Land tax in Australia: exemptions, tips and lessons Land tax is one of those quiet state-based taxes that does not grab headlines like income tax or GST, but impacts property owners once thresholds are crossed. It applies when the unimproved value of land exceeds a certain amount, which differs from state to state. Principal places of residence are usually exempt, but investment properties, commercial holdings, and certain rural blocks may be subject to taxation. For individuals and small businesses, land tax is worth paying attention to because exemptions can make the difference between a manageable annual bill and a nasty surprise. A recent case in New South Wales (Zonadi case ) has sharpened the focus on when land used for cultivation qualifies for the primary production exemption. The lessons are timely for farmers, winegrowers and anyone with mixed-use rural land. The basics of land tax Each state and territory (except the Northern Territory) imposes land tax. Key features include: Assessment date : Usually determined at midnight on 31 December of the preceding year (for example, the 2026 assessment is based on ownership and use as at 31 December 2025). Thresholds : Vary across jurisdictions. For example, in 2025, the NSW threshold is $1,075,000, while in Victoria it is $300,000. Exemptions : Principal place of residence, primary production land, land owned by charities and specific concessional categories. Rates : Progressive, with higher landholdings paying higher rates. Unlike council rates, which fund local services, land tax is a revenue measure for states. It is payable annually and calculated on the total taxable value of landholdings. Primary production exemption Most states exempt land used for primary production from land tax. The policy aim is precise: farmers should not be burdened with land tax when using their land to produce food, fibre or similar goods. However, the details of what constitutes primary production vary. Qualifying uses generally include: cultivation (growing crops or horticulture) maintaining animals (grazing, dairying, poultry, etc.) commercial fishing and aquaculture beekeeping Sounds straightforward, but the catch is in how the land is used and for what purpose. Lessons from the Zonadi case The Zonadi case involved an 11-hectare vineyard in the Hunter Valley. The land was used for: 4.2ha of vines producing wine grapes a cellar door and wine storage area a residence and tourist accommodation some trees, paddocks and access ways During five land tax years in dispute, the taxpayer sold some grapes directly but used most of the crop to make wine off-site, which was then sold through the cellar door. Income was derived from grape sales, wine sales and tourist accommodation. The NSW Tribunal had to decide whether the land’s dominant use was cultivation for the purpose of selling the produce of that cultivation (a requirement under section 10AA of the NSW Land Tax Management Act). The outcome was a blow for the taxpayer. The Tribunal said: Growing grapes was indeed a form of cultivation and amounted to primary production. But cultivation for the purpose of making wine did not qualify, because the exemption only applies where the produce is sold in its natural state. Wine is a converted product, not the product of cultivation. Although some grapes were sold directly, the bulk of the financial gain came from wine sales. Therefore, the dominant use of the land was cultivation to make and sell wine, which is not exempt. The exemption was denied, and the taxpayer was left with a land tax bill. Why this matters For small businesses, especially those that combine farming with value-adding activities such as processing or tourism, the case serves as a warning. The line between primary production and secondary production can determine whether a land tax exemption applies. If most income comes from a cellar door, farmstay, or product manufacturing, the exemption may be at risk, even though cultivation is occurring on the land. Different rules in Victoria Victoria takes a broader view. It defines primary production to include cultivation for the purpose of selling the produce in a natural, processed or converted state. In other words, grapes sold for wine production would still be considered primary production. The only further hurdle is the “use test”, which depends on location: outside Greater Melbourne: land must be used primarily for primary production within urban zones: land must be used solely or mainly for the business of primary production Had Zonadi been in Victoria, the outcome could have been very different. The vineyard would likely have been exempt from this requirement. State-based comparisons Here’s a snapshot of how land tax treatment differs across states when it comes to cultivation and primary production:
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