Just announced this week, draft legislation and explanatory materials with 15 DAY Consultation period!! Unbelievable! It proposes an alternative to restructuring that would allow existing discretionary trusts to avoid the 30% minimum tax by fixing beneficiaries’ entitlements to income and capital, an apparently simple election with potentially significant long-term consequences.
In September, the Government introduced an alternative for discretionary trusts already in existence on 1 July 2028.Instead of restructuring, a trustee could elect to nominate beneficiaries and the fixed percentage of trust income and capital each beneficiary will receive. While the election remains effective, the trust would not be subject to the 30% minimum tax.At first glance, this may sound like a simple solution. In practice, it could have major long-term consequences.The nominated percentages must apply to both income and capital. If a company is nominated to receive a percentage of the trust’s income, it must also be allocated the same percentage of the trust’s capital.For a trust holding a business or appreciating assets, this could affect:
You can help us help you, but we need your voice this week. These proposed changes mean even more complexity, red tape and
cost for small businesses: more time spent obtaining advice, more work preparing tax returns and implementing new rules, and for the
majority of you, more tax on top of already rising business costs and state taxes.
Ultimately, it is you, the business owner, who pays for this complexity. At a time when government should be empowering small businesses and improving productivity, these measures risk doing the opposite. The trust legislation released this week is currently open for comment, but only until 18 September, so please email your local Federal Member this week and tell them how these constant increases in red tape affect you, and also how your business is going in this current economy. Accountants around the country are rallying around to get their clients to contact their local MP's, please help us help you.
For Flinders, contact Zoe McKenzie at zoe.mckenzie.mp@aph.gov.au; for Dunkley, contact Jodie Belyea at jodie.belyea.mp@aph.gov.au. Our local MP's are there to let Canberra know how our community is going and the issues we face, so please speak loudly, if these proposals become law, many of our clients are likely to face additional tax, higher annual compliance costs and difficult restructuring decisions.
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