The proposal to introduce a minimum 30% tax on income of discretionary trusts (DTs) means that each unit trust deed should be reviewed to determine whether it qualifies as a fixed trust. Unless the trust qualifies as a fixed trust or satisfies another exception, the trust is likely to be subject to the new 30% [read more]
Background The proposed changes to impose a minimum 30% tax on trusts from 1 July 2028 will substantially impact trusts, including discretionary trusts (DT), unit trusts, hybrid trusts and testamentary trusts. This article provides a brief overview of the proposed changes and outlines how DBA Lawyers plans to assist advisers and clients. What changes apply [read more]
The Victorian government has introduced a range of new or increased taxes in recent times. This article provides a brief summary on some of the recent changes to Victorian taxes relating to real estate. Commercial and Industrial Property tax From 1 July 2024 the Commercial and Industrial Property tax (CIPT) commenced. This new tax relies [read more]
The Government has released draft legislation on the proposed minimum 30% tax on trustees of discretionary trusts (DTs). The draft legislation released on 3 September 2026 represents a significant departure from what was initially outlined in the Federal Budget on 12 May 2026. The release contained a fact sheet, four pieces of draft legislation and [read more]
Many constitutions contain provisions that deem loans by the company to a shareholder (member) to be pursuant to a complying Division 7A loan agreement or include wording of similar effect. The recent Administrative Review Tribunal decision of Botella and Commissioner of Taxation (Taxation and business) [2026] ARTA 604 (Botella) highlights concerns by the Tribunal of [read more]
