09/07/2026
Proposed changes are on the table for how discretionary trusts, often known as family trusts, are taxed.
Treasury has released a consultation paper looking at a proposed 30% minimum tax rate on taxable income from discretionary trusts, starting from 1 July 2028.
This could be important for business owners, investors and families who use trust structures as part of their financial or property planning.
The good news is that this is still in consultation, and some structures are expected to be excluded, including super funds, deceased estates, charitable trusts and genuine testamentary trusts.
There may also be a three-year rollover relief period for those who decide to restructure.
As always, don’t panic — but do plan ahead.
If you have a family trust and are using it for property or investment purposes, this is a good time to speak with your accountant and review your structure.
And if your lending is connected to a trust structure, I’m happy to help you understand how this may impact your finance options.
3‑year restructuring window – but limits on relief
To support businesses and families that may wish to move out of discretionary trusts, Treasury has proposed expanded rollover relief covering restructures into companies or fixed trusts.
Under the plan, assets can be transferred without triggering immediate capital gains or other income‑tax liabilities, with that relief available for three years from 1 July 2027.
However, the discussion paper said that this relief is confined to tax consequences.
It does not extend to professional fees or state charges, meaning groups that restructure would still be responsible for accounting and legal costs and any stamp duty payable on transfers.
Treasury also said that businesses shifting into companies would gain access to the corporate tax rate and the ability to retain profits within the entity – but would also lose access to the capital gains tax discount or indexation on assets held in the company.
Treasury said it is seeking submissions on several technical questions including the detailed exclusions and core rules for discretionary trusts, the treatment of distributions to tax‑exempt entities such as charities, the handling of excess franking credits, and the design of practical collection mechanisms for the new minimum tax.
Submissions close on 31 July.
Article was from TheAdviser published 10/7/26