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DBA Lawyers services for trust changes

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 trust 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]

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Draft legislation released on taxation of trusts

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]

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Can provisions in a constitution give rise to a complying Division 7A loan agreement?

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]

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SMSFs and Queensland land tax aggregation: first reported decision on s 20(2)(b)

The recent decision of Ackinclose v Commissioner of State Revenue [2026] QCAT 312 provides important guidance on the circumstances in which land held by an SMSF may be aggregated with land held by a discretionary family trust for Queensland land tax purposes. The matter concerned a husband and wife who acted as trustees of both an [read more]

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Law Institute Victoria SMSF Specialist The Tax Institute