03/09/2026
First signs of some thought actually going into the terribly conceived trust law changes. A badly disguised plan to make the most common small business structure completely unworkable and impose more compliance burdens on an already snowed under sector, this legislation is already starting to look so complicated the ATO will have no choice but to bog down the court system with more "test" cases to clarify the myriad of potential issues. Now we have something like "trusts taxed more than companies, and we can potentially tax that income twice more. Except it doesn't apply to these trusts, and those businesses. Oh if you don't actually do the discretionary bit, we may not apply it either. Maybe."
There are a lot or simpler solutions.
Government offers small businesses a trust tax workaround
Those with discretionary trusts can be exempt from the new minimum 30 per cent tax if they agree to hold their trust distributions constant.