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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.

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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.

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Neil Brydges Neil Brydges

Tax on trusts: roll-over relief for discretionary trusts: a three-year window with sharp edges

The new Subdivision 126-C roll-over provides trustees with a three-year window to restructure without triggering immediate income tax consequences. The conditions attaching to that window may, however, prove difficult to satisfy in practice. This article summarises the roll-over provisions and identifies the matters trustees and advisers should consider before choosing this course.

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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.

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