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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 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]

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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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UK inheritance tax impacts SMSF members

Background This article covers recent changes to the UK Inheritance Tax (IHT) regime, involving changes to the calculations of the value of a person’s estate such that it includes unused pension funds and pension death benefits (Pension Benefits). We also discuss the impact that binding death benefit nominations (BDBNs) have for IHT purposes prior to [read more]

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LRBAs will soon be limited to business real property and exclude residential property (Revised version 31 July 2026)

The Albanese Government’s deal with the Greens to secure passage of the first tranche of its major tax changes has placed limited recourse borrowing arrangements (LRBAs) back in the spotlight. We outline below the changes to the LRBA rules that apply from 10 August 2026 reflected in the Treasury Laws Amendment (Tax Reform No. 1) [read more]

Money coin stack growing graph concept. Business finance and saving money investment, graph growing up on coin. Balance savings and investment. coin tower stacked on desk wooden, Closeup, copy space

LRBAs will soon be limited to business real property and exclude residential property (Revised version 20 July 2026)

The Albanese Government’s deal with the Greens to secure passage of the first tranche of its major tax changes has placed limited recourse borrowing arrangements (LRBAs) back in the spotlight. We outline below the press releases in which both parties reached agreement on changes to the LRBA rules, and discuss the amendment moved by Senator [read more]

Close up of typewriter and Deed of trust

Proposed changes to the taxation of discretionary trusts from 1 July 2028 (Revised version 9 July 2026)

The Government’s proposed minimum 30% non-refundable tax credit (NRT Credit) on trustees of discretionary trusts (DTs) announced in the Federal Budget on 12 May 2026 will have a significant impact on tax planning and investment structures, including impacting SMSFs. The Treasury Consultation Paper (C-Paper) in respect of these changes was released on 8 July 2026 [read more]