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
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.

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.
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.

22 July 2026

Original submission lodged

Fair Trust Reform

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

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.

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.

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.

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.