07/09/2026
📌 Trust tax changes: some welcome relief, but planning is still essential
The Federal Government has announced further changes to its proposed 30% minimum tax on discretionary trusts, following concerns raised by small business and industry groups.
Under the revised proposal, discretionary trusts that exist at 1 July 2028 will be able to elect to make fixed percentage distributions to pre-nominated beneficiaries. Trusts using this option can avoid the new minimum tax without having to restructure.
There are some important limitations. Once nominated, beneficiaries generally can't be changed except in limited circumstances, such as death or family breakdown. Breaching the election could also have significant tax consequences.
The Government has also confirmed further exemptions, including: ✔️ Discretionary testamentary trusts
✔️ Distributions to registered charities and deductible gift recipients
✔️ Certain distributions to other tax-exempt organisations, including sporting clubs, subject to a cap still to be determined
For businesses where restructuring remains the better option, state stamp duty costs remain a concern despite proposed Commonwealth CGT and income tax rollover relief.
The legislation is still in draft form, with consultation open until 18 September 2026, so further changes remain possible.