07/09/2026
There has been another important update to the proposed 30% minimum tax on discretionary trusts.
The latest draft introduces a new option that may allow some existing family trusts to remain as trusts and avoid the 30% minimum tax, provided they effectively lock in fixed beneficiaries and fixed distribution percentages.
That is quite different from the original impression that many trust owners may need to either accept the 30% minimum tax or restructure into another entity.
Our view
Our view is that the Government started with a fairly hard position and is now adjusting the proposal through consultation.
That is exactly why I have been telling clients not to rush into restructuring.
The policy has already changed materially, and it may change again before legislation is passed.
Today we are discussing:
a 30% minimum trust tax;
restructuring concessions;
new fixed-distribution elections;
different treatment for bucket companies; and
various exclusions.
Six months from now, some of those rules may look different again.
What does this mean for trust owners?
The important message is:
Do not panic. Do not restructure just because of a headline. But do not ignore it either.
If you operate a business or hold significant investments through a family trust, you should understand how the proposal may affect you and keep your structure under review.
There may eventually be three broad choices:
1. Keep the discretionary trust and accept the new tax rules.
2. Keep the trust but elect into a more fixed distribution arrangement.
3. Restructure into another entity.
Which one is best will depend on your business, investments, beneficiaries, succession plans and long-term objectives.
Most importantly — it is still not law
This is still a proposal.
Nothing is legislated yet.
Tax policy can change significantly between announcement, consultation, draft legislation and the final law.
So at this stage, the best strategy is to stay informed, understand your options and avoid making irreversible decisions too early.
At Octopus Accounting & Tax Advisory, we will continue following the changes and updating clients whenever there is something meaningful to know.
The 30% trust tax story is not finished yet.
Send a message to learn more