Treasury Submission — Minimum Tax on Discretionary Trusts

Summary

Our full submission and supplementary paper to Treasury and Parliament. Supports the integrity objective of the proposed minimum tax, and sets out a case study, the existing anti-avoidance framework, the State stamp duty trap, and three constructive legislative recommendations. Published anonymously at the submitter's request; no identifying details are included. Read together with, and standing in place of, the original submission lodged 22 July 2026.

Key Issues

• Legislative precision — targeting high-risk arrangements rather than all discretionary trusts
• Existing integrity measures: s100A, Part IVA, PCG 2022/2, and recent case law (Guardian AIT, Bendel)
• Practical implementation issues for retiree and student beneficiaries
• The State Stamp Duty Trap and the limits of the federal CGT rollover
• Three recommendations: income floor, testamentary-trust-style carve-out, intergovernmental relief