Policy Developments

What's happened, and what we've done about it

A dated record of external developments — Treasury, Parliament, the courts — alongside our own activity. We keep the two visually separate: what happened is a fact, our response is our opinion.

External development Fair Trust Reform activity Proposed / not yet in effect
1 July 2028

Proposed effective date

Proposed

The date on which the 30% minimum trustee tax would take effect, under the measure as currently proposed.

1 July 2027 – 30 June 2030

Proposed federal CGT rollover window

Proposed

As currently drafted, families would have this three-year window to restructure out of a discretionary trust without triggering a federal capital gains tax liability.

13 November 2026

Senate committee report due

Senate Inquiry

The Senate Economics Legislation Committee is due to report on the minimum tax Bills.

23 October 2026

Submission lodged with Senate inquiry

Fair Trust Reform

We lodge our submission to the Senate Economics Legislation Committee inquiry into the minimum tax Bills. It will be published here once the Committee has published it.

15 October 2026

Bills referred to Senate inquiry

Senate Inquiry

The Senate refers the Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and the Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026 to the Senate Economics Legislation Committee for inquiry. Submissions close on 29 October 2026, public hearings are scheduled for 5 and 6 November in Canberra, and the Committee is due to report by 13 November 2026. See the Committee's inquiry page.

14 October 2026

Minimum tax bills introduced in the House of Representatives

Parliament

The Treasurer introduces legislation in the House of Representatives to impose a 30% minimum tax on discretionary trusts from 1 July 2028. It comprises the Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and the companion Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026. Fixed trusts, charitable trusts, superannuation funds, primary production income, deceased estates and genuine testamentary trusts are excluded. Read the Explanatory Memorandum.

12 October 2026

Wilson renews call to scrap minimum tax

ABC News (Federal politics live blog)

Shadow Treasurer Tim Wilson used an appearance on ABC's Radio National Breakfast to repeat the Coalition's call for the government to abandon the proposed minimum tax on discretionary trusts, arguing it would push higher tax or costly restructuring onto small businesses that use trusts for asset protection rather than tax minimisation. Wilson said altering trust taxation without taking the change to an election undermines a structure used by hundreds of thousands of small businesses.

Assistant Treasurer Daniel Mulino, responding on the same program, said Labor would not be "watering down" the measure, pointing to the earlier carve-out for discretionary testamentary trusts as evidence the government has already responded to consultation feedback. Mulino said he would leave further design questions to when the bill is introduced, and called on the Coalition and the Greens to engage in good faith.

No bill has yet been introduced to Parliament. The exposure draft consultation on the measure closed on 18 September 2026.

Source:ABC News federal politics live blog, 12 October 2026 (reporter: Courtney Gould)

7 September 2026

Further submission lodged

Fair Trust Reform

We lodge our further submission (FTR-004) responding to the exposure draft legislation, examining the draft against the concerns raised in our earlier submissions.

3 September 2026

Exposure draft legislation released

Treasury Consultation

Treasury releases exposure draft legislation for the minimum tax, including a new election regime (EET) and the proposed CGT rollover window. Submissions open for a 16 day consultation period.

August 2026

Anonymous resubmission published

Fair Trust Reform

We publish FTR-003-AN, a supplementary, anonymised submission expanding on legislative precision, existing integrity measures, and the State stamp duty trap.

28 July 2026

Policy Brief published

Fair Trust Reform

We publish FTR-001, setting out the case for a $100,000–$150,000 net-income threshold in plain terms for policy makers and seniors' organisations.

22 July 2026

Original submission lodged

Fair Trust Reform

We lodge our initial submission with Treasury in response to the Consultation Paper.

8 July 2026

Treasury releases its Consultation Paper

Treasury Consultation

Treasury publishes Consultation Paper: Minimum Tax on Discretionary Trusts, proposing a 30% flat trustee tax from 1 July 2028.

10 June 2026

Bendel decided by the High Court

Court Decision

The High Court holds, by majority, that an unpaid present entitlement owed to a corporate beneficiary is not a "loan" under Division 7A — Commissioner of Taxation v Bendel [2026] HCA 18.

Fair Trust Reform AnalysisSee our Legislative Certainty page — we read this as a reminder that important thresholds belong in statute, not administrative guidance.
2023

Guardian AIT decided

Court Decision

The Full Federal Court hands down Commissioner of Taxation v Guardian AIT Pty Ltd [2023] FCAFC 3, clarifying how Section 100A and Part IVA apply to trust distributions involving corporate beneficiaries.