The 2026 Federal Budget Change to Trusts the Media Aren’t Talking About
While most of the media focus around the 2026 Federal Budget has been on things like negative gearing and housing, one of the biggest changes has barely been mentioned at all — the taxation of discretionary trusts.
And if you’re a small business owner or part of a family that uses a trust, this change could materially affect how your income is taxed in the future.
Introduction
One of the most significant outcomes of the 2026 Federal Budget isn’t aimed at the so‑called ‘top end of town’. It is aimed squarely at structures that everyday mum‑and‑dad businesses rely on.
From 1 July 2028, discretionary trusts will be subject to a minimum 30% tax on taxable income, fundamentally changing how trust distributions are taxed.
What Was Announced
Under the measures announced in the 2026 Federal Budget:
• Discretionary trusts will pay a minimum of 30% tax on their taxable income
• That tax will be withheld by the trustee
• Beneficiaries will receive a non‑refundable tax credit for the tax already paid by the trust
Why This Is a Big Deal for Individual Beneficiaries
Under the current system, a trust distribution to an individual is taxed at the individual’s marginal tax rates, allowing access to the $18,200 tax‑free threshold and currently a 16% tax rate on income up to $45,000.
Under the proposed rules, this benefit effectively disappears. Even beneficiaries with total taxable income below $45,000 will still bear an effective 30% tax on trust distributions.
Why Small Businesses Are Most Affected
Discretionary trusts are widely used by small businesses including trades, farming operations, professional practices, and family‑run enterprises.
While paying wages instead of trust distributions may address the tax outcome, if your business does not already have employees it introduces real additional costs such as payroll software, payday superannuation compliance, Single Touch Payroll obligations, and WorkCover premiums.
The Investment Company Issue
A major concern with the proposed measures is how they apply where a company is a beneficiary of a trust, commonly referred to as ‘Bucket’ companies. Based on information released to date, companies do not appear to receive access to the non‑refundable tax credit.
This creates the risk of double taxation and significantly undermines bucket company strategies commonly used to smooth income over multiple years and manage long‑term family tax outcomes.
Another Common Structure Being Impacted
Many small businesses operate through a company, but where all shares are owned by a discretionary trust. This has historically been prudent tax and succession planning, allowing flexibility, family involvement, and long‑term planning.
While companies may continue to declare franked dividends to the trust, distributions from the trust to family members appear to be subject to the same minimum 30% tax outcome — even where that income represents the operating profit of the business.
Practical Example
Consider a modest family business earning $120,000 through a Trust. Under current rules, the Trust could be distributed across family members on low marginal tax rates, or at the least between Mum and Dad, therefore they would each have taxable incomes of $60,000. Currently Tax on that before Medicare and other offsets would be $17,576 combined. Under the new measure that same profit would result in tax of $36,000, an increase of $18,424 in tax paid!
For a business operation we would strongly suggest wages be paid of at least $45,000 to each of Mum and Dad.
If the same profit is from Trust where all income is from investments there may not be the justification of wages.
Final Thoughts
Although these measures are not scheduled to commence until 1 July 2028 and further legislative details are still to be released, the implications for small business owners and families using trusts are significant.
This article is general information only and does not constitute tax advice.
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