Walshs | Walshs was established in 1991 and has grown to become one of South East Queensland's leading accounting and financial planning firms

Proposed Discretionary Trust Tax Changes: What You Need to Know

One of Queensland’s leading financial planning, accounting and lending firms for medical and private clients. Providing accounting, mortgage broking and strategic financial planning advice.

T: 61-7-3221 5677
Email: enquiries@walshs.com.au

Walshs
Level 24/10 Eagle Street, Brisbane QLD 4000

Open in Google Maps
  • Medical Clients
  • Private Clients
BOOK A MEETING

Walshs Insights

Proposed Discretionary Trust Tax Changes: What You Need to Know
Friday, 23 October 2026 / Published in Walshs Blog

Proposed Discretionary Trust Tax Changes: What You Need to Know

The Federal Government has introduced proposed legislation that could significantly change how discretionary trusts are taxed from 1 July 2028.

Under the proposal, affected discretionary trusts would be subject to a minimum 30% tax on their income, potentially impacting family trusts, small businesses and existing distribution strategies.

Importantly, these changes are not yet law. Walshs does not recommend restructuring solely in response to the proposed changes until the legislation is finalised.

However, trustees and business owners should begin considering how the changes may affect their existing arrangements.

Who Could Be Affected?

The proposed changes may affect families and businesses operating through discretionary trusts, particularly those distributing income to beneficiaries on lower tax rates or corporate beneficiaries, commonly known as bucket companies.

Certain trusts and income, including deceased estates, special disability trusts and primary production income, are expected to be excluded, subject to eligibility requirements.

Understanding the Three Proposed Options

1. Retain Your Existing Discretionary Trust

Trustees may choose to maintain their current structure and accept the proposed 30% minimum tax.

This may remain appropriate where flexibility, asset protection and succession planning are priorities, or where restructuring costs outweigh potential tax savings.

2. Restructure Into a Company

For businesses that regularly retain and reinvest profits, a company structure may become more attractive.

The proposal includes transitional income tax rollover relief from 1 July 2027 to 30 June 2030. However, restructuring may still involve stamp duty, capital gains tax considerations, valuations and professional fees, particularly for Queensland property-owning trusts.

3. Make an Excluded Election Trust (EET) Election

The proposed EET regime may allow eligible trusts to retain their existing structure without being subject to the 30% minimum tax.

However, trustees would need to nominate beneficiaries and commit to fixed distribution proportions, significantly reducing flexibility. Departing from these arrangements could result in the election being revoked and additional tax consequences.

What Should Trustees Do Now?

There is no need to restructure immediately. However, reviewing your existing arrangements can help you prepare for potential changes.

Key considerations include:

  • Reviewing existing trust structures and distribution arrangements.
  • Identifying bucket company arrangements and potential tax implications.
  • Assessing assets, unrealised capital gains and restructuring costs.
  • Considering future beneficiaries, asset protection and succession planning.

The most appropriate strategy will depend on your individual circumstances, as there is unlikely to be a one-size-fits-all solution.

Walshs’ Position

Walshs will continue to monitor legislative developments and provide updates as further details become available.

Our recommendation is to avoid premature restructuring decisions and wait until the final legislation is confirmed before determining the most appropriate approach.

Once legislated, our team can assist affected clients in reviewing their trust structures, assessing available options and developing strategies aligned with their financial and business objectives.

Learn more about our specialist taxation and accounting services.

Frequently Asked Questions

What are the proposed discretionary trust tax changes?

The Government has proposed introducing a minimum 30% tax on income earned by affected discretionary trusts, with certain exclusions and alternative arrangements available.

When would the 30% minimum tax commence?

The proposed commencement date is 1 July 2028, subject to legislation passing Parliament.

Should I restructure my family trust now?

Not necessarily. Walshs recommends waiting until the legislation is finalised before making structural changes solely in response to these proposals.

Need Advice?

If you operate through a discretionary trust and would like to understand how the proposed changes may affect you, contact the Walshs Accounting and Taxation team on 07 3221 5677 or enquiries@walshs.com.au.

This information is general in nature and based on proposed legislation as at October 2026. The measures remain subject to change.

  • Tweet
Tagged under: Business Structuring, Discretionary Trusts, Family Trusts, Small Business Tax, Tax planning, walshs

What you can read next

Wholesale, Sophisticated or Retail – what is the difference?
Wholesale, Sophisticated or Retail – what is the difference?
SMSF End of Financial Year Checklist
Safeguarding patient data: Essential cyber security strategies for medical professionals
Safeguarding patient data: Essential cyber security strategies for medical professionals

Recent Posts

  • From Brisbane to MIT: A Journey of Learning, Leadership and Innovation

    From Brisbane to MIT: A Journey of Learning, Leadership and Innovation

    Annabelle Clare, General Manager, Walshs  In Se...
  • TPD Insurance for Medical Professionals: Why Premiums Are Rising and What to Review

    TPD Insurance for Medical Professionals: Why Premiums Are Rising and What to Review

    For doctors and medical professionals, your abi...
  • Financial Wellbeing for Medical Professionals: Key Insights From the Latest PPS Mutual Research

    Financial Wellbeing for Medical Professionals: Key Insights From the Latest PPS Mutual Research

    Australia’s doctors, dentists and allied health...
  • Proposed update for discretionary trusts

    Proposed update for discretionary trusts

    The Federal Government has released draft legis...
  • The Risks of Using ChatGPT and AI for Financial Advice

    The Risks of Using ChatGPT and AI for Financial Advice

    You wouldn’t let a patient diagnose themselves ...

Contact

  • PHONE: 61-7-3221 5677
  • FACSIMILE: 61-7-3221 5744
  • EMAIL: enquiries@walshs.com.au
  • MORTGAGE BROKING: lending@walshs.com.au

Location

  • OFFICE: Level 24/10 Eagle Street, Brisbane City, QLD 4000
  • POSTAL ADDRESS: GPO Box 12, Brisbane QLD 4001
Proposed Discretionary Trust Tax Changes: What You Need to Know

Connect with us

MAKE AN ENQUIRY OR BOOK A MEETING HERE
Proposed Discretionary Trust Tax Changes: What You Need to Know
Here is why working with Walshs is a great decision
Proposed Discretionary Trust Tax Changes: What You Need to Know
Proposed Discretionary Trust Tax Changes: What You Need to Know
Proposed Discretionary Trust Tax Changes: What You Need to Know
Proposed Discretionary Trust Tax Changes: What You Need to Know
Proposed Discretionary Trust Tax Changes: What You Need to Know
All advice on this site is general in nature and does not take into account your personal circumstances. Please do not hesitate to contact one of our adviser accountants or financial planning advisers if you have a query that is specific to your circumstances.
ABN 11 248 978 295 Walshs Financial Planning Pty Ltd AFSL 432636 ABN 82 122 293 912 Corporate Authorised Representative No. 463774 of Walshs Finance Australian Credit Licence 459119

Liability limited by a scheme approved under Professional Standards Legislation.
  • Privacy Policy
  • Financial Services Guide
  • Credit Guide
  • Complaints Policy
TOP
lending-15-min-ph

If the time you would like is not available, please contact our office on 07 3221 5677.

Make a booking with Darole Evans

If the time you would like is not available, please contact our office on 07 3221 5677.

GET IN TOUCH

If you would like a Walshs adviser to contact you or to receive marketing material from Walshs and/or be advised of upcoming seminars and events please provide your contact details.
[contact-form-7 id=”18018″ title=”Contact form 1″]

Book 15 minute lending call

If the time you would like is not available, please contact our office on<br>07 3221 5677.