Tax Planning Strategies for Lawyers

Whether you are a sole practitioner, partner, barrister, or consultant, proactive tax planning before 30 June can significantly reduce what you pay and accelerate long-term wealth creation.
Lawyer reviewing tax planning documents in legal office

Whether you are a sole practitioner, partner, barrister, or consultant, proactive tax planning before 30 June can significantly reduce what you pay and accelerate long-term wealth creation.

Impact TFS | 19 June 2026 | Legal Professionals Tax Planning

Lawyers are among Australia’s highest income earners — which means the stakes around tax planning are equally high. The difference between a reactive approach and a proactive one is not just administrative. For legal professionals billing at top-tier rates and building investment portfolios alongside their practice, it can be the difference of tens of thousands of dollars each financial year.

  • 47% — Top marginal tax rate for high-income earners in Australia
  • 15% — Tax rate on concessional super contributions inside the fund
  • 30 June — Most planning opportunities close at financial year end

1. Maximise Superannuation Contributions

For lawyers on marginal tax rates of up to 47%, the superannuation system represents one of the most straightforward and powerful tax-reduction tools available. Concessional contributions are generally taxed at just 15% inside the fund, creating an immediate and substantial tax saving compared to taking the same income personally.

Strategies worth reviewing before 30 June include salary sacrifice arrangements through your practice or employer; personal deductible contributions (particularly for self-employed practitioners); carry-forward concessional contributions from prior years, available where your total super balance is below $500,000; and spouse contribution strategies to split tax benefits across the household.

Watch the caps: The concessional contributions cap applies regardless of how the contribution is made. Breaching it triggers additional tax on the excess at your marginal rate. Review your year-to-date contributions before making further payments.

2. Review Your Business Structure

The structure through which you operate your legal practice has a direct bearing on how much tax you pay, how your income can be distributed, and how well your personal assets are protected. Many lawyers set up a structure early in their career and never revisit it — but a structure that suited a junior associate is rarely optimal for a senior partner or practice principal.

Common structures used by Australian lawyers include companies, family trusts, service trusts, corporate trustee arrangements, partnership structures, and sole trader arrangements. The right choice depends on your asset protection requirements, family circumstances, succession planning objectives, income distribution flexibility, and practice ownership arrangements.

3. Utilise FBT Exempt Benefits

For lawyers operating through an eligible company structure, the Fringe Benefits Tax rules contain provisions that can be used to provide benefits to staff — including yourself as a working director — in a tax-efficient way.

Office Meals and Refreshments

Certain food and drink provided in the workplace may attract favourable FBT treatment and be deductible to the practice. Common examples that may qualify include tea, coffee, and light snacks available to employees on premises; refreshments provided during client or staff meetings; and light meals consumed in the course of a working day on business premises.

Minor Benefits Exemption

The Minor Benefits Exemption is a separate and often underutilised provision that allows certain benefits to be provided FBT-free. To qualify, a benefit must cost less than $300 per person per occasion, be provided infrequently and irregularly, and not form part of any salary packaging arrangement. Eligible examples include restaurant meals, gift vouchers, family outings, sporting event tickets, and entertainment activities.

4. Employ Family Members

Many legal practices can legitimately employ family members in roles that genuinely support the operation of the business. When structured correctly, this creates a real business arrangement that also moves income to family members on lower tax rates — reducing the household’s overall tax burden. Roles commonly filled by family members in legal practices include reception and front desk, administration support, social media management, bookkeeping, client file administration, and marketing support.

Non-negotiable compliance: Any wages paid to family members must reflect genuine commercial market rates for the work performed. Every arrangement must be supported by timesheets, formal payroll records, and documented role descriptions. The ATO scrutinises family employment arrangements closely — if the work is not real or the wage is not commercial, the deduction will be disallowed.

5. Claim Home Office Expenses

Lawyers routinely carry work home. Client correspondence, legal research, court preparation, continuing professional development, and practice management all commonly take place outside the office. Where this is the case, a proportion of home operating costs may be deductible — including electricity and heating, internet and mobile phone expenses (work-related portion), office equipment, and depreciation of office assets. Maintaining clear records throughout the year is what determines whether a claim holds up to ATO scrutiny.

6. Review Motor Vehicle Claims

Travel is a genuine part of legal practice. Attending court, visiting clients, attending settlement meetings, and travelling between offices are all legitimate business activities that can give rise to motor vehicle deductions. The logbook method generally produces the highest deduction for frequent business travellers; the cents per kilometre method is simpler but capped at 5,000 km per year; and company-owned vehicle arrangements may provide additional FBT planning flexibility.

7. Manage Capital Gains Tax

Lawyers often accumulate significant investment portfolios alongside their practice income. Whether you hold shares, investment properties, or business interests, the timing and structure of any disposal matters significantly. Holding an asset for more than 12 months typically attracts a 50% CGT discount. Available capital losses can offset current-year gains. The ownership structure — personal, trust, or company — carries different consequences. Planning before a sale is agreed is when the most valuable CGT strategies become available.

8. Conduct an Annual Tax Planning Review

The most consistent mistake high-income legal professionals make is waiting until after 30 June to think about tax. A structured review before year-end allows you to identify opportunities across superannuation, business structure, FBT concessions, timing of income and expenses, and capital transactions — while there is still time to act on them.

Ready to Review Your Position?

Our CPA accountants in Bankstown and Wollongong specialise in advanced tax planning for legal professionals. Book a free 30-minute consultation and find out exactly where you stand before year-end.

General Advice Disclaimer: This article is intended as general information only and does not constitute personal tax advice. It does not take into account your individual financial circumstances, needs, or objectives. Before acting on anything in this article, you should seek specific advice from a registered tax agent or CPA who can assess your situation. Tax laws and ATO interpretations are subject to change. Impact Taxation and Financial Services Pty Ltd is a CPA Practice. Liability limited by a scheme approved under Professional Standards Legislation.

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10 things you should consider before buying a property

Are you considering buying a property? Do you know you could miss opportunities to save thousands, or tens of thousands of dollars if you don’t plan well before the purchase?

Below are a few key considerations:

1. How should you set up your loan structure? If you don’t have a loan offset account for a rental property, after you make extra payments directly to the loan account, you can only claim interest deduction on the remaining balance of the loan. For tax purposes, this deductible balance can’t be changed even if you redraw the overpaid amount later. A good loan structure could also help you to stabilize interest rate and speed up loan repayment by combining a standard variable loan (with an offset account) and a fix rates account.

2. Timing of renovation. You might want to do a renovation right after you have bought the rental property. But do you know for any genuine repair & maintenance included in the renovation, you can claim an outright deduction against the rental income when the property is available for rental? If the work is done before the date when the property is available for rental, you can only claim the deduction against future capital gain when the property is sold. Depend on when you are going to sell, it could take years or up to decades before you can claim the deduction.

3. How should you split ownership? You might want to share the property ownership with a family member. For tax purposes, the percentage of ownership is based on the legal title, regardless of who is paying more on the mortgage. If the property will give you a tax profit, you might want to allocate more
ownership to the low-income earner to utilize the lower marginal tax rate. If it is giving you a tax loss, you might want to allocate more ownership to the high-income earner to utilize the loss. The goal is for the family to pay minimum tax together.

4. Should you use a family trust to purchase the property? There are many pros and cons related to a family trust. The advantages include tax savings on rental profit or capital gain, asset protection and succession planning on family wealth. However, family trust can’t distribute losses. All losses are trapped in the trust to be used to offset future trust profit. Therefore, you can’t utilize any rental loss in a trust to offset other income such as salary & wages. Family trusts also attract high accounting fees on initial setup and annual fees on financial statements and tax returns. State governments also charge much higher land tax on family trusts.

5. Will the income level change in future years for different owners? You might want to forecast the possible income for different owners to understand total tax payment / savings related to the property. This could also impact on your decision making on point 3 and 4 above.

6. Understand when you can treat your property as main residence to receive an exemption on capital gains tax. When eligible, even if you have received rental income, you could still treat your rental property as main residence and receive the exemption. To be eligible, you will need to treat it as your main residence at the beginning. Please check out this ATO link: Treating former home as main residence.

7. Decide whether you need to purchase a depreciation report. Most taxpayers don’t know that the depreciation on the building will need to be added back to calculate capital gains tax when the property is sold. When the property is held for more than 12 months, after applying the capital gains tax discount of 50%, it will effectively cut the tax rate by half at the time of sales. This makes depreciation deductions desirable for high income earners. However, for low-income earners it might not be ideal to claim depreciation as a rental deduction since they could be paying more on capital gains tax in the future. It could get more complicated if the property is under joint ownership between high and low income earners.

8. You might want to consider Centrelink payments for future or existing owners. Most Centrelink payments are income and asset tested. Before attaching a rental property to a family member who is receiving, or plan to receive government benefits, you might want to check the testing thresholds first to see if the Centrelink payment will be impacted. This is also applicable when you are making distributions from a family trust to different family members.

9. Have you considered using your SMSF (selfmanaged super fund) to make the purchase of a rental property? There are a lot of tax saving opportunities with a SMSF since the income tax rate is only 15%. And the capital gains tax rate is effectively only 10% after factoring in the 1/3 discount. The major downside with a SMSF is normally you can’t get the money out until you retire or on compassionate grounds (SMSF does have more flexibilities compared to normal retail super fund. But the choices are still very limited). It could be expensive to set up and operate a SMSF too. There are also strict legal requirements on the trustees. Penalties on incompliance could be severe. Tax law around SMSF is very complicated too. You will need to find a good tax accountant specialized in SMSF to help you to understand the structure, also do a cost-benefit analysis before setting it up.

10. Consider internal ownership changes. For your existing rental properties, you can also consider whether you should transfer the ownership between family members, or between different business structures (this is not applicable for SMSF). You might want to do this when the income level changes with family members, or rental property changes between tax profit and loss. Before the change, you need to consider the cost of transfer including capital gains tax, stamp duty, conveyancer fees, etc. Again, a cost-benefit analysis is a must before the change.

Last but not the least, did you combine all the above strategies and compare your choices? If you haven’t yet, how would you know that you have picked the best strategy to minimize your taxes? We can help you to factor in all considerations, compare different scenarios, also present you with a Property Prepurchase Report with all our findings to help you to make a decision. Contact us today to book in a consultation with an experienced tax accountant!

IMPORTANT INFORMATION
This is general advice only and does not consider your financial circumstances, needs and objectives. Before making any decision based on this document, you should assess your own circumstances or seek advice from your financial adviser and seek tax advice from your accountant.

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