Business · Economy · 2 hrs ago

Lawyers warn Australian trust tax could force millions to change wills

Lawyers warn Australian trust tax could force millions to change wills

Australia's Labor government has proposed a 30% minimum tax on some trusts, with legislation tabled in parliament this week.

The government says testamentary trusts—set up through a will and activated after the holder dies—will be exempt if their beneficiaries are individuals, charities or special disability trusts.

Estate lawyers warn that many existing trusts also name companies or other trusts as beneficiaries, which could put them outside the exemption.

They say families may need to redraw their wills to qualify, even when the trusts were set up to support children or people with disabilities.

One lawyer said about 90% of the wills she drafted included testamentary trusts, and that many clients were not wealthy.

The dispute matters because lawyers say the rules could create broad costs and changes for ordinary families, not just wealthy trust holders.

The legislation is expected to pass by the end of the year, while the Greens have left open the possibility of supporting it.

1 source

Related

What people are saying

Kimberley MartinSTEP Australia national policy committee deputy chair and estate lawyer
The government has turned an anti-avoidance measure into a nationwide business-restructuring and will-redrafting exercise.
via Stockhead
These are not people who are trust moguls or people who have lots and lots of money.
via Stockhead
Matthew BurgessView Legal co-founder
If anyone has a proper testamentary trust, they will definitely have to change it.
via Stockhead
Either one of those is not a great outcome for ordinary Australians.
via Stockhead