Trust tax proposal built on ‘false assumption’: Pitcher Partners
What happened
Pitcher Partners says the government’s proposal for a minimum tax on discretionary trusts overlooks commercial constraints and could force many groups to restructure. The report highlights stamp‑duty costs and ATO anti‑avoidance limits that make simple rollovers impractical, which converts a policy signal into concrete adviser work and cost pressure. Watch whether states' stamp‑duty treatment or ATO guidance changes the practical pathways for restructures
Buyer takeaway
Treat this as a real sourcing and contracting issue: advisers will need time and data to advise and may price that work separately
Cost / money
Directional upward pressure on advisory fees and potential mobilisation/evidence-prep pass-throughs that raise engagement totals
Supplier / commercial
Suppliers can prioritise higher-margin restructuring work and shorten quote-validity; buyers lose negotiating time if not proactive
Safety / operations
Rushed restructures risk missing stamp‑duty timing or evidence retention, increasing rework and regulatory exposure
What to watch
Watch for explicit pass-through clauses tied to stamp duty or 'additional evidence' and for shortened quote-validity windows
Key facts
- Policy proposes a 30 per cent minimum tax on discretionary trusts
- Article flags stamp‑duty costs that can be material when transferring commercial property
- ATO guidance and anti‑avoidance rules may limit straightforward rollovers
Source excerpts
Whilst income tax and CGT consequences may be mitigated through rollovers, stamp duty remains a substantial and often prohibitive cost. In states such as Victoria and NSW, transferring commercial or development property can give rise to stamp duty liabilities in the millions of dollars
Whilst income tax and CGT consequences may be mitigated through rollovers, stamp duty remains a substantial and often prohibitive cost
The government’s objective for the reform is to achieve a fairer and more sustainable rate of tax on discretionary trust income
