Policy Area · In Development

Compliance-Driven Restructuring

What happens when families restructure a trust specifically to manage a new compliance obligation — rather than for the commercial reasons trusts are usually restructured for.

Trusts are sometimes restructured — converted to a company, a fixed trust, or another entity — for ordinary commercial reasons: succession planning, bringing in new investors, or changing business needs. Compliance-driven restructuring is different: it happens because a legislative change makes the existing structure newly costly or risky to keep, and the family restructures largely to manage that new obligation.

The proposed minimum tax on discretionary trusts is a live example of a policy that could prompt exactly this kind of restructuring, at scale, within a defined window.

Fair Trust Reform Analysis

A dedicated publication is in preparation

This topic is reserved in our publication register as FTR-011. In the meantime, the restructuring costs triggered by the current proposal — including the State stamp duty trap — are covered in our Minimum Tax analysis.
Key Questions

What we're still working through

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