What’s the right business structure for a real estate principal?
For a principal running their own agency in NSW, the structure usually starts with a company that holds the corporation licence and trades the business, often with a discretionary trust in the ownership chain and the rent roll held separately. Licensing comes before tax: a corporation carrying on business as an agent needs its own corporation licence and a licensee in charge holding a class 1 licence. If you are still selling on commission under someone else’s licence, personal services income rules will generally stop a company or trust from changing your tax position.
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