The government is introducing changes to the taxation of discretionary trusts.

A 30 per cent minimum tax on certain discretionary trusts will apply from 1 July 2028. There will be support for those that wish to restructure. These changes aim to make the tax system fairer and more sustainable.

Feedback

Give feedback on the draft legislation to implement these changes, including on:

  • how the minimum tax will work

  • excluded types of trusts and income

  • the definition of fixed trust

  • how income tax-exempt entities will be treated

  • roll-over relief

  • a new electable regime for exclusion from the minimum tax

  • treatment of excess franking credits.

Background

The government announced this minimum tax in the 2026–27 Budget.

It will apply to certain discretionary trusts from 1 July 2028. The tax will not apply to other types of trusts and some types of income.

Those who choose to restructure to other types of entities can access expanded roll-over relief for 3 years from 1 July 2027.

For more background, read the July consultation paper.

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Timeline

  • Opened
    closed

    3 September 2026

  • Closed
    closed

    18 September 2026

Contact us

If you have questions, email mintaxtrusts@treasury.gov.au