Trust tax changes to unfairly penalise vulnerable beneficiaries
What happened
The government's 30 per cent minimum tax on discretionary trusts will result in discretionary testamentary trusts being hit with a 30 per cent tax from 1 July 2028 for trusts that were created after May 2026. Lucke noted that under the existing tax rules for trusts, an adult who is earning at least $45,000 of income from sources other than trust distributions, such as salary, wages or directly held investments, would already pay a minimum of 30 per cent tax on trust distributions
Buyer takeaway
Treat this as an operational demand driver — buyers should assume clients will seek urgent advice and suppliers may harden mobilisation terms
Cost / money
Directional increase in advisory pricing pressure for specialist trust work as suppliers can charge premium day rates or mobilisation fees when demand spikes
Supplier / commercial
Suppliers with trust expertise gain short-term leverage to shorten quote windows and require pass-throughs for rapid work
Safety / operations
Compressed timelines increase the risk of compliance errors and rework if specialist capacity isn't confirmed ahead of client demand
What to watch
Watch for suppliers labeling mandatory remediation or research time as billable pass-throughs; verify scope before engagement
Key facts
- Article flags specific impacts on testamentary discretionary trusts and vulnerable beneficiaries
- Commentary includes suggested exclusions and asks for government clarification
Source excerpts
"Much of the public commentary about these proposed changes has focused on tax. However, in estate planning practice, the tax concessions are only one small part of the reason families use testamentary discretionary trusts, and in many cases, tax is not the primary driver at all," said Lucke
Lucke noted that under the existing tax rules for trusts, an adult who is earning at least $45,000 of income from sources other than trust distributions, such as salary, wages or directly held investments, would already pay a minimum of 30 per cent tax on trust distributions. This means there would be no additional tax paid under the new tax regime
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