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The Tax Ruling That Could Affect Every Family Trust in Australia
The High Court’s recent decision in Commissioner of Taxation v Bendel marks a significant shift in tax law, confirming that an Unpaid Present Entitlement (UPE) owed to a corporate beneficiary is an equitable right rather than a "loan" under Division 7A rules. While this ruling offers welcome relief for many taxpayers who use family trusts, it is far from a "get out of jail free" card; the decision relies on specific legal facts and does not shield taxpayers from other critical integrity provisions like Section 100A and Subdivision EA. As the Australian Taxation Office prepares updated guidance, trust owners should look past the headlines and understand that their tax obligations remain deeply dependent on their specific trust deeds, historical conduct, and how funds are truly being distributed within their group.
Preparing for the 2027 Capital Gains Tax Changes
For years, many of us relied on a simple 'buy and hold' approach to investing, trusting that time and standard tax discounts would naturally take care of the rest. However, the capital gains tax (CGT) reforms proposed for 1 July 2027 are about to fundamentally rewrite the rulebook for Australian investors. Moving far beyond just the property market, these sweeping changes will impact shares, managed funds, and business interests, introducing significant new factors like a 30% minimum tax rate that could easily catch modest income earners off guard. This guide cuts through the noise to explain what these reforms mean for your portfolio, outlining the proactive strategies you need to protect your hard-earned wealth.
Australia’s Biggest CGT Shake-Up in Decades is Coming
The 2026-27 Federal Budget has proposed the most significant overhaul of Australia's capital gains tax system in nearly three decades. From 1 July 2027, the familiar 50 per cent CGT discount, a cornerstone of investment planning since 1999, is set to be replaced by an inflation-adjusted indexation model accompanied by a new 30 per cent minimum tax on real gains. For property investors, shareholders, and anyone sitting on long-held assets, the changes will fundamentally alter how investment returns are calculated and taxed. With transitional rules, new build carve-outs, and the surprise inclusion of pre-1985 legacy assets all forming part of the package, understanding the detail now, well ahead of the 2027 start date, will be essential.
Is Your Family Trust Facing a Minimum 30% Tax Rate?
The 2026-27 Federal Budget has put family trusts firmly in the government's crosshairs. If proposed new rules become law, trustees of discretionary trusts will be required to pay a flat 30 per cent minimum tax on trust income from 1 July 2028. This is a fundamental departure from the income-splitting flexibility that has made these structures so attractive to Australian families and small business owners for decades. With bucket company arrangements effectively penalised, transitional rollover relief on the horizon, and the fixed trust distinction harder to satisfy than many assume, the implications are wide-ranging. Here is what you need to know.
