Quick Summary

The key reforms affecting family groups are:

  • 30% Minimum Tax on Discretionary Trusts

  • Three-Year Trust Restructuring Rollover Relief

  • Bucket Company strategies significantly impacted

  • 50% CGT Discount abolished

  • 30% Minimum Tax on Capital Gains

  • Pre-CGT assets lose full future exemption

  • Negative gearing restricted to new builds

  • Existing investment properties are grandfathered

  • Family succession, wealth transfer and estate planning strategies


Key Dates

Date Event
12 May 2026 Budget announcement
8 July 2026 Treasury consultation on trust reforms released
3 September 2026 Exposure draft trust legislation released
1 July 2027 Negative gearing reforms commence
1 July 2027 Capital Gains Tax reforms commence
1 July 2027 Future gains on pre-CGT assets become taxable
1 July 2027 Trust restructuring rollover relief commences
1 July 2028 Proposed commencement of 30% minimum trust tax

Who This Impacts

These reforms are particularly relevant to:

  • Family discretionary trusts

  • Family investment trusts

  • Family investment companies

  • High-net-worth families

  • Property investment families

  • Multi-generational wealth structures

  • Families using bucket companies

  • Families with significant share portfolios

  • Families holding commercial property

  • Families planning succession or wealth transfer

  • Families holding pre-CGT assets acquired before 20 September 1985


1. 30% Minimum Tax on Discretionary Trusts

What is changing?

From 1 July 2028, the Government proposes a minimum 30% tax on discretionary trust income. The tax is levied at trustee level. Beneficiaries generally receive tax credits for tax already paid.

Why was it introduced?

The Government's stated objective is to reduce the benefits of income splitting through discretionary trusts and better align trust taxation with wage earners.

Why this matters

Many family groups currently distribute income to:

  • Adult children

  • Low-income spouses

  • Retired parents

  • Other family beneficiaries

to reduce overall family tax.

The effectiveness of these strategies will be significantly reduced.


2. Bucket Company Strategies

What is changing?

The reforms specifically target corporate beneficiary arrangements.

Historically, many family groups used "bucket companies" to cap tax on trust income at company tax rates.

Under the proposed reforms:

  • Corporate beneficiaries will generally not receive the same credit treatment as individuals.

  • The effectiveness of bucket company structures may be substantially reduced.

Why this matters

This will likely trigger widespread reviews of:

  • Family trust structures

  • Corporate beneficiaries

  • Retained earnings strategies

  • Asset holding arrangements


3. Trust Restructuring Relief

What is changing?

A restructuring rollover relief period commences from 1 July 2027 and is intended to facilitate restructuring ahead of the trust reforms.

Purpose

The relief is designed to allow movement of assets from discretionary trusts into alternative structures without immediate tax consequences in many circumstances.

Why family groups should care

This could be the most important planning window available before the new trust tax commences.


4. Capital Gains Tax Reform

What is changing?

From 1 July 2027:

  • The 50% CGT discount is removed.

  • Inflation-based cost base indexation is introduced.

  • A 30% minimum tax on capital gains is introduced.

Who is affected?

Family groups holding:

  • Shares

  • Managed funds

  • Investment properties

  • Trust investments

  • Long-term investment assets

Why it matters

Many family investment strategies have been built around the 50% CGT discount. Future investment returns and exit strategies will need to be reconsidered.



5. Transitional CGT Rules

What is changing?

The Government has not simply grandfathered the old CGT rules.

Instead:

  • Gains accrued before 1 July 2027 retain old treatment.

  • Gains accrued after 1 July 2027 fall under the new regime.

Why it matters

Many family groups may need:

  • Asset valuations

  • Trust valuations

  • Property valuations

around 1 July 2027 to support future CGT calculations.

6. Pre-CGT Assets

What is changing?

Historically, assets acquired before 20 September 1985 were completely outside the CGT system.

The reforms bring future gains on these assets into the CGT regime from 1 July 2027. Historical gains remain protected.

  • Family farms

  • Commercial property

  • Legacy investment portfolios

  • Long-held family assets


7. Negative Gearing Changes

What is changing?

Negative gearing remains available for:

  • Existing investment properties

  • New residential builds

but is restricted for newly acquired established residential properties.

Why family groups should care

When purchasing future investment properties, family groups may increasingly favour:

  • New housing developments

  • Off-the-plan purchases

  • Build-to-rent opportunities

rather than established housing stock.


8. Estate and Succession Planning

These reforms will affect family succession planning across:

  • Trust structures

  • Intergenerational wealth transfers

  • Family asset ownership

  • Future property sales

  • Family investment portfolios

Families should review:

  • Trust deeds

  • Corporate beneficiaries

  • Succession plans

  • Existing trust structures

  • Estate planning documents

before the major commencement dates.


Bottom Line for Family Groups

The three reforms likely to have the greatest financial impact are:

  1. 30% Minimum Tax on Discretionary Trusts.

  2. Capital Gains Tax reform,

  3. The ability to restructure family trust arrangements during the 2027-2030 rollover relief period.

For many affluent family groups, these reforms will result in the largest review of trust, investment, succession and wealth transfer strategies in decades.