Porters CAThe tax changes, in your numbers Overview CGT changes Family trust tax Full explanation $1,000 deduction Car logbooks Book a consultation
Proposed trust tax · from 1 July 2028

Proposed family trust tax

A 30% minimum tax on discretionary (family) trusts is proposed from 1 July 2028. Each beneficiary other than a company would get a matching 30% credit, but it is not refundable. See who pays more, build your own family group and test the opt-out.

For information only. 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.
Proposed trust tax

Who pays more under the trust tax

From 1 July 2028 the trustee would pay at least 30% on the trust’s net income. Each beneficiary other than a company gets a matching 30% credit, but the credit is not refundable. It only helps where the beneficiary’s own tax for the year is large enough to absorb it.

FIG. 1

Tax on a trust distribution, today and under the trust tax

2027–28 rates, before the Medicare levy
For franked dividends, include the franking credit.
Who receives it
Type of income
Tax today
–
Under the trust tax
–
Extra cost
–

Illustrative only. Resident individual at 2027–28 rates including the low income tax offset; company taxed at 30%. Medicare levy is payable either way and is left out. Based on the Bill as passed by the House of Representatives, which may change in the Senate.
Proposed trust tax · your family group

Family group planner

Every family group is different. Some have one trust and two people; others add a bucket company, adult children or a second trust. Build your own group below, or load an example, then change the income, the shares and whether each trust stays in the trust tax or opts out. The planner adds up the tax on the trusts’ income across the whole group, today and under the proposed rules.

Where one trust distributes to another, the receiving trust uses the 30% credit against its own 30% and passes a credit on to its beneficiaries. The credit is lost where the receiving trust has a loss or has opted out, or where the income ends up in a company.

FIG. 2

Tax across the family group

2027–28 rates, before the Medicare levy
Build your family group

Trust AFamily trust
From 1 July 2028
Does Trust A distribute to a second trust?
BeneficiaryOther income% of Trust A% of Trust BRemove
Total
Other income is taxable income outside the trusts, such as wages or a salary from the business.
Does any of this apply to your family group?
Tax today
–
Under the proposed rules
–
Extra each year
–

Where the extra cost comes from

    By beneficiary

    Compare scenarios

    Save a scenario, change the shares or opt a trust out, and save again to compare. Saved scenarios stay on this page only and clear when you leave.

    Illustrative only. Resident individuals at 2027–28 rates with the low income tax offset; companies taxed at 30%. Ordinary income only, fully distributed: capital gains, franked dividends, carried-forward losses, beneficiaries under 18 and the Medicare levy are not modelled. Under the proposed rules each beneficiary’s figure includes the trustee’s 30% on their share. Company tax creates franking credits for later dividends in both cases; the trustee’s 30% does not. Trust chains follow the Explanatory Memorandum (para 1.67). A wage from the trust is entered as the person’s other income, with Trust A’s net income reduced by the wage and super; the wage must be for genuine work at a reasonable rate. Based on the Bill as passed by the House of Representatives, which may change in the Senate.
    Proposed trust tax · opting out

    The opt-out (EET) election

    Our view: good in theory, tight in practice.

    A family trust existing on 1 July 2028 could opt out of the minimum tax by nominating fixed percentages of all its income and capital for named beneficiaries, every year. The election must be made for 2028–29 and notified by the time that return is due or lodged. Answer the questions below to see which constraints would matter for your family.

    FIG. 3

    Opt-out self-check

    General information, not a recommendation

    Want the detail behind the calculator? Read the full explanation.

    Your summary

    Your summary

    This brings together the figures you entered above. Nothing you enter is stored or sent anywhere unless you request a detail pack.

    FIG. 4

    Summary of your figures

    Illustrative only, using the assumptions set out under each figure above. Based on the law and the trust Bill as passed by the House of Representatives, which may change in the Senate. It is not advice for your circumstances.

    Want this worked through properly?

    Request your detail pack. We prepare a fuller analysis of your structure from these figures, then go through it with you and document a plan.

    Next steps

    Keep going