Policy Area · In Development

Discretionary Trust Taxation

The foundational structure behind almost every issue on this site: how discretionary trusts are taxed today, and why that treatment is now under review.

A discretionary trust lets a trustee decide, each year, how trust income is distributed among a defined group of beneficiaries — commonly family members. That flexibility supports legitimate goals: asset protection, intergenerational succession planning, and directing income to family members based on genuine need.

It's also the reason trusts attract policy scrutiny: because the trustee chooses who receives income, distributions can in principle be directed toward beneficiaries on lower personal tax rates. Where that reflects genuine family circumstances, existing law already treats it as ordinary. Where it's structured purely to minimise tax, existing anti-avoidance provisions — Section 100A and Part IVA of the Income Tax Assessment Act 1936 (Cth) — already apply.

Fair Trust Reform Analysis

Our detailed position sits within the current reform proposal

Our developed analysis of trust taxation today is published as part of The Minimum Tax on Discretionary Trusts — the specific reform currently before Treasury and Parliament. A broader position on trust-taxation architecture beyond this immediate proposal is still under development.
Key Questions

What we're still working through

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