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Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026
On 29 October 2026 Sladen Legal lodged a submission with the inquiry by the Senate Economics Legislation Committee on the Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026 concerning the proposed minimum tax on discretionary trusts that was introduced to the Federal Parliament on 14 October 2026.
Hobby, investment or business? The ATO finally rules on individuals in TR 2026/D2
Hobby, investment, or business? The ATO finally rules on individuals.
For almost thirty years, individuals and their advisers have taken the general business indicators from TR 97/11, a ruling written about primary production.
Tax on trusts: to what extent did Treasury adopt our recommendations? The minimum tax Bills measured against our submission
Bills for the minimum tax on discretionary trusts are now before Parliament. Employee share trusts are now excluded, and excess franking credits are refundable. The mechanics have improved, but the regime's scope and design largely stand.
Sladen Legal’s Tax Practice Recognised in Doyles Guide Victoria 2026
Sladen Legal has been recognised as a Second Tier Leading Victorian Tax Law Firm in the 2026 Doyles Guide listing.
Doyles Guide is a respected and independent legal directory that recognises leading firms and practitioners across Australia. The 2026 listing of leading Victorian Tax Law Firms details firms practising in taxation advisory and disputes matters in the Victorian legal market who have been identified by clients and peers for their expertise in the area.
Congratulations to our Tax team members Neil Brydges, Daniel Smedley and Phil Broderick who have been individually recognised as Leading Tax Advisory Lawyers and Leading Tax Controversy Lawyers - Victoria 2026.
Why the ATO had to pay a judgment exceeding $15m (plus $20m in interest), a strict application of the equitable rule in Barnes v Addy concerning knowing receipt of trust property.
The decision of Commonwealth of Australia v Kupang Resources Pty Ltd [2026] NSWCA 161 demonstrates how the ATO is not immune from the equitable principles set down in Barnes v Addy (1874) LR 9 Ch App 244 concerning the knowing receipt of trust property.
Tax on trusts: what is a “minimum tax trust”? The definition that decides everything
Treasury's draft 30 per cent minimum tax on discretionary trusts turns on one classification: is the trust a minimum tax trust? The definition works by exclusion, so every trust is caught unless it fits one of the carve-outs or an EET is made. Here is what that means before 1 July 2028.
Testamentary trusts and the minimum tax: did the Government change its position, or was it just a misstatement?
The Government said testamentary trusts would be "excluded" from the minimum tax. The exposure draft says otherwise. Our article explains the income-level relief, its three conditions, and what practitioners should review now.
Submission: Minimum tax on discretionary trusts – exposure draft legislation
On 21 September 2026, Sladen Legal lodged a submission with Treasury on the exposure draft of proposed minimum tax on discretionary trusts that was released on 3 September 2026.
Tax on trusts: the EET election: relief from the minimum tax, but at what cost?
The EET election lets discretionary trusts avoid the 30% minimum tax without restructuring, but the price is steep. One wrong distribution ends the election for good. This article examines the election: its conditions, its limits, and its risks for trustees and their advisers.
Minimum tax on discretionary trusts: the drafts arrive, the questions remain
Elect, restructure or pay 30%. Treasury's exposure drafts give trustees of discretionary trusts two ways to avoid the minimum tax, but both carry strict conditions. This article explains the new rules and tracks how they respond to the points we raised in our July submission to Treasury.
Family Trust and Interposed Entity Elections - Where Succession Planning Goes Wrong
Family trust elections (FTEs), and the related interposed entity elections (IEEs), have been a feature of the tax law for almost 30 years with the rules effectively unchanged since 2007.
Merchant in a post-Budget world
Merchant in a post-Budget world or when High Court anti-avoidance doctrine meets structural trust reform.
From Bendel to Budget reform: Treasury targets trust tax planning
Family trusts, bucket companies, and UPEs are back in the spotlight. Treasury’s consultation paper on a 30% minimum tax for discretionary trusts gives tax advisers a short window to be heard.
Our preliminary thoughts on the Treasury Consultation paper on “minimum tax on discretion trusts’ are below.
The Government has announced modifications to its Budget proposals
Following first round consultation, the Government has announced an increase in the turnover threshold for the small business 50% active asset CGT reduction from $2m to $10m and, following the release of a consultation paper, further concessions for start-ups and early-stage investors. It has also confirmed that all testamentary trusts will be exempt from the minimum tax, with detail to follow in consultation.
Death, deceased estates, and family trust elections: Schedule 2F and succession
The death of a family trust's test individual creates significant difficulties under the family trust election (FTE) rules Schedule 2F. This article examines the FTE rules in the context of succession.
Holiday homes after TR 2026/1: when renting out isn't enough?
TR 2026/1 finalised. Holiday homes that double as rentals face a new section 26-50 hurdle. The ATO denies ownership deductions unless the property is mainly rented out, and reserving peak weeks for family use is a red flag. Transitional relief ends 1 July 2026.
The Minimum Tax on Discretionary Trusts: Bucket companies are worse than you think
Some early industry discussion on the 2026–27 Budget measure has suggested that the effective tax rate on trust income distributed to a bucket company will rise to around 51 per cent once the minimum tax commences on 1 July 2028.
David and Goliath: capital and revenue lessons from Morton
The Commissioner has not applied for special leave to appeal to the High Court the Full Federal Court decision of Commissioner of Taxation v Morton [2026] FCAFC 31.
The Botella warning: put your Division 7A loans in writing
The Tribunal highlights why a standalone written loan agreement may be best practice for Division 7A compliance.
You’ve Claimed the Concessions – Now Get the Cash Out Smartly
The small business capital gains tax (CGT) concessions (Concessions) in Division 152 of the Income Tax Assessment Act 1997 (ITAA 97) offer significant opportunities to reduce or eliminate tax levied on capital gains. However, despite a recent judicial pronouncement that the Concessions should be interpreted beneficially, the legislative conditions for relief are intricate and complex.