Porters CA acts for law firms, solicitors and barristers across Perth and Western Australia. Our director Simon Terry holds a law degree as well as being a Chartered Accountant, so he understands how legal practices are run, how fees are earned and how the profession’s own rules shape the structures available to you. We look after the accounting and tax for the practice and for the practitioners behind it.

Accounting and tax for law firms and solicitors

We act for sole practitioners, partnerships and incorporated legal practices. Our work covers:

  • tax returns, BAS and year-end accounts for the practice and its principals
  • choosing and reviewing the practice structure, including partnerships, incorporated legal practices and service entities
  • how profits are allocated between principals and their associated entities
  • admitting and retiring partners
  • Division 7A, superannuation and personal tax planning for principals.

How should profits be allocated between law firm principals?

The ATO sets out its compliance approach to how professional firm profits are allocated in PCG 2021/4, which applies from 1 July 2022. It is directly relevant to lawyers who share practice profits with a spouse, a family trust or a company.

An arrangement must first pass two gateways: it must have a sound commercial rationale, and it must not have high-risk features such as non-arm’s length financing or multiple classes of shares. It is then scored on three factors:

  • the share of the profit the principal receives personally
  • the total effective tax rate across the principal and their associated entities
  • the principal’s remuneration compared with a commercial benchmark.

The score places the arrangement in a green, amber or red risk zone. Transitional arrangements for older structures ended on 30 June 2024, so a structure set up under earlier guidelines and not reviewed since may no longer sit where you expect. We model your arrangement against the guideline and document the commercial reasons for it.

Is a service entity still worthwhile for a legal practice?

Often, yes, but only if it is run properly. A service entity can employ staff, hold equipment and provide premises to the practice. The fees it charges must be commercially realistic and supported by a written agreement, and the ATO has published a guide to service entity arrangements. We review existing service arrangements to check that the fees, the agreement and the records still stand up.

Tax and compliance for barristers

We look after barristers from the time they come to the Bar through to retirement. Our work covers:

  • setting up your practice, including your ABN, GST registration and record-keeping
  • tax returns, BAS and PAYG instalments
  • deductions for chambers, clerking, practising certificate and professional indemnity costs, texts and subscriptions, and professional development
  • planning for tax on fees that arrive unevenly, often well after the work is done
  • superannuation contributions, including the $32,500 concessional cap for 2026–27 and unused cap amounts from earlier years where they are available.

Can a barrister practise through a company or trust?

No. Under rule 12 of the Legal Profession Uniform Conduct (Barristers) Rules 2015, which apply in Western Australia, a barrister must be a sole practitioner and must not practise in partnership, as an employee or employer of legal practitioners, or through an incorporated legal practice. Your fees are earned and taxed in your own name.

That makes the planning around the practice more important: superannuation, the timing of income and deductions, income protection and other insurance, and the structure used to hold your investments outside the practice.

Why a director with a law degree matters

Simon Terry LLB BCom CA is a director of Porters CA and a registered tax agent. His legal training means he reads a partnership deed, a service agreement or a set of conduct rules the way you do. Advice is given with the profession’s regulatory framework in mind, not added as an afterthought.

We are based in South Perth, a short trip from the Perth CBD, with free parking, and we also have an office in Albany for regional practitioners. Much of our work is done remotely through cloud accounting and secure client portals, so meetings can be in person or by video.

Talk to us

Book a free initial consultation with Simon Terry, or call our South Perth office on (08) 6436 0900. For business advice beyond tax, see our business advice page.

This page is general information based on the law as at September 2026. You should seek advice specific to your circumstances.

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