Proposed law · exposure draft released 3 September 2026

The 30% minimum tax on discretionary trusts, modelled beneficiary by beneficiary.

From 1 July 2028 the trustee will pay tax of 30% on most discretionary trust income. Individual beneficiaries get a non-refundable credit; bucket companies get none. Enter your trust’s income and distribution plan to see who pays more, by how much, and what the best split looks like under each set of rules.

Timeline

  1. 12 May 2026

    Announced in the 2026-27 Budget; testamentary trust asset cut-off

  2. 3 September 2026

    Treasury exposure draft released

  3. 1 July 2027 – 30 June 2030

    Proposed roll-over window to move assets out

  4. 1 July 2028

    Minimum tax applies (2028-29 income year)

Current rules

Effective rate of net income

Minimum tax rules

Effective rate · trustee pays

Change for this family

Net income Minimum tax income Franking credits Unallocated taxed at 47%

Beneficiary by beneficiary

Incremental tax caused by the distribution

Beneficiary Distribution Tax now Trustee 30% Beneficiary tax Total new Change Effective rate

Trustee (unallocated)

s99A at 47%

– – $0
Total now new

“Trustee 30%” is the minimum tax attributable to each share, net of franking credits (excess franking is refunded to the trustee). “Beneficiary tax” is the extra personal or company tax after the non-refundable 30% offset. Negative figures are refunds of franking credits. Effective rates are measured on the grossed-up distribution and include company tax already paid on franked dividends.

How the best split changes

Lowest-tax allocation under each set of rules

Tax per beneficiary

Current rules vs minimum tax, your allocation

Effective rate on a distribution

Combined tax on of ordinary income vs the beneficiary’s other income

Options to test with your adviser

Excluded election trust

Tax at your current split if the trust elects fixed entitlements

Saves a year compared with the minimum tax, but locks the shares for good. Varying a distribution revokes the election and taxes the whole net income at 47% — in a year like this one.

Roll-over and restructure

2027–2030

Proposed CGT roll-over window

All relevant assets must move to a single transferee by 30 June 2030, or relief fails for every asset. Tax is deferred rather than removed, and transfer duty is a state matter. You cannot use both the roll-over and the excluded election.

Bucket company

Combined tax on income distributed to a company

Corporate beneficiaries get no credit for the trustee’s 30%. Commentators estimate total tax of up to about 60% at company level, and more once profits are paid out as dividends. Under current rules it is 30%.

Methodology and assumptions

Current rules. Each beneficiary is assessed on their share of trust net income. Capital gains are grossed up: individuals keep the 50% discount and companies do not. Franking credits flow through and are refundable to individuals. Minors under 18 pay Division 6AA rates on unearned income: nil to $416, 66% to $1,307, then 45% on the whole amount. Personal tax includes the low income tax offset and the 2% Medicare levy.

Minimum tax. This follows the exposure draft (new s101AA ITAA 1936). The trustee pays 30% on minimum tax income, which is net income excluding primary production income and amounts going to excluded beneficiaries. Franking credits reduce the trustee’s liability, and any excess is refunded to the trustee. Individual beneficiaries are assessed as normal and receive a non-refundable 30% offset (s101AF). That offset can reduce tax on their other income, but cannot create a refund. Franking credits are not available a second time at beneficiary level (s101AG). Corporate beneficiaries receive no offset.

Assumptions where the draft is silent. CGT interaction rules are deferred to later legislation. This model assumes the discounted gain is part of minimum tax income and that companies are assessed on the grossed-up gain. Minors are treated as excluded because their unearned income is already taxed at top rates. The offset is applied against income tax and the Medicare levy together. There is no carry-forward of unused offsets.

Not modelled. Streaming of capital gains and franked dividends to particular beneficiaries, the vulnerable-minor exclusion, trust losses, PAYG instalments, family trust distribution tax, s100A reimbursement agreements, Division 7A on unpaid present entitlements, and non-resident beneficiaries.

Status. The minimum tax was announced in the 2026-27 Budget and released as exposure draft legislation on 3 September 2026. Consultation closed on 18 September 2026. It is not law, and the final rules may differ. This calculator is general information only and is not tax, legal or financial product advice.

How the new rules work

A top-up, not a flat tax — except for companies

The trustee pays 30% first. Each beneficiary is then taxed as normal and claims the 30% back as a credit. If a beneficiary’s own rate is above 30%, nothing changes overall. If it is below, the difference is lost. For a bucket company there is no credit at all.

Worked example 1

$100 to a top-rate individual

Trustee minimum tax (30%)
$30
Beneficiary tax at 47%
$47
Less non-refundable offset
−$30
Total tax
$47 · no change

Worked example 2

$40,000 to a student with no other income

Tax under current rules
Trustee minimum tax (30%)
$12,000
Offset (non-refundable)
wipes own tax to $0
Total tax
$12,000 · 30%

Worked example 3

$100 to a bucket company

Trustee minimum tax (30%)
$30
Company tax at 30%
$30
Credit for trustee tax
none
Total tax
$60 · before dividends

Who is affected

  • ▲Families streaming to adult children, students or retirees on low incomes. Anything those beneficiaries pay below 30% becomes extra tax.
  • ▲Bucket company strategies. Income distributed to a company is taxed twice, with no credit for the trustee’s 30%.
  • ▲Groups of trusts using losses. Distributions to a loss-making trust still bear about 30%, so losses in one trust can no longer absorb another trust’s income.
  • ●Beneficiaries already on 30% or more. Little or no change. The trustee’s 30% is credited against their own tax.
  • ●Excluded trusts and income: fixed and widely held trusts, super funds, special disability trusts, deceased estates, charitable trusts, primary production income, and testamentary trust assets held at 12 May 2026.

Questions to take to your accountant

  1. What is our family’s blended tax rate on trust income today, and what will it be under the 30% floor?
  2. Does the trust still earn its keep on asset protection and succession alone, once the tax saving is gone?
  3. Can we live with fixed entitlements for good if we make the excluded election?
  4. Would moving assets to individuals or a company under the 2027–2030 roll-over trigger transfer duty or land tax surcharges in our state?
  5. How do unpaid present entitlements owed to our bucket company interact with the new rules?
  6. Should properties we buy from now on be held in a trust at all? Compare structures →

Run every trust in your group through the new rules

Tenovo models multiple entities, distribution minutes and year-by-year projections, ready to hand to your adviser.