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Porters CA · status at 1 November 2026

Where the tax changes stand

The capital gains tax (CGT) changes are law and start on 1 July 2027. A 30% minimum tax on discretionary (family) trusts is proposed from 1 July 2028 and is still before Parliament. Choose a topic below to see how each change could play out in your own numbers.

For information only. The CGT changes are law. The trust measures are proposed legislation: the Bill passed the House of Representatives on 29 October 2026, is now before the Senate and may change. Figures are illustrative and are not advice for your circumstances.
The changes in under two and a half minutes. Captions are on screen, so no sound is needed.
Two changes, two pages

Choose a topic

Prefer to read it through? The full explanation covers both changes in one place, with a worked case study, the three options for each trust and answers to common client questions.

Status

Where the legislation stands

ItemStatus and what it meansOur take
Timing

Key dates

FIG. 1

From today to the end of the restructure window

CGT in blue, trust measures in red
CGT changes: lawTrust measures: proposed, may changeToday
Porters CA

Our view

Legislate first, consult second, patch third.

We remain opposed to these changes. The CGT law passed in June, consultation on its detail closed in August, and further amendments are already back before Parliament.

The trust Bill introduced on 14 October brings one real surprise: an opt-out election, known as an excluded election trust (EET) election, that was not part of the Budget announcement. It sounds good in theory, but it swaps the 30% minimum tax for a permanent, fixed split of income and capital, removing much of the flexibility a family trust exists to provide. You can test how it might fit your family in the opt-out check below. The WA Treasurer’s indication that the election alone will not attract transfer duty is welcome. Moving assets into a new structure is another matter.

Our advice is unchanged. Restructuring now, against incomplete rules, is high risk and unlikely to add value.

What happens next

Our approach

We are keeping a watching brief until the rules are settled. As the position becomes clearer, we will also look to the conclusions and guidance of tax experts, professional bodies and our peers on how best to navigate this new tax world. We will then move to a review and implementation brief and contact affected clients directly.

Now: watching brief

Until the trust Bill passes and the ministerial determinations are made
  • Track the Bill, the determinations, ATO guidance and expert commentary.
  • Identify affected clients: planned sales, capital losses, bucket companies and low-income beneficiaries.
  • Work out which assets will need a 30 June 2027 valuation and the evidence each requires.
  • Publish updates as the detail emerges.

Next: review and implementation brief

Once the legislation and determinations are final
  • Review each affected family group’s structure, trust deeds, beneficiaries and elections.
  • Model staying in, opting out and restructuring, including WA stamp duty.
  • Agree a plan with you and put it in place before the deadlines.
  • Make and lodge any elections on time.

What is worth doing now

  • Keep your records: contracts, settlement dates and improvement costs for everything you hold.
  • Ignore the sales pitch: valuers and restructure specialists are already circling. A 30 June 2027 valuation can be prepared after that date if the evidence exists.
  • Call us before you transact: a purchase, sale, family transfer or restructure.
  • Do not defer estate planning: it should not wait for tax laws to settle.
Next steps

Keep going