Tax considerations for Australian businesses approaching $1 billion turnover
InsightOutlining key tax considerations for a taxpayer once their aggregated group turnover is A$1 billion or more.
Remarkable Journeys with Jess Fox: Conversations with our clients, people and community. Listen now.
By: David Montani, Dharav Gandhi, Yan Wong
24 Sep 2026 5 min read

On 8 July 2026, Treasury released a consultation paper providing further detail on the design of the new tax, followed by a relatively short period to analyse the paper and prepare submissions.
Grant Thornton’s submission raised a number of concerns. In addition, many small-to-medium business owners and private groups would face a difficult choice between the negative consequences of staying with their trust structure and a costly and disruptive restructure to a new type of entity.
Draft legislation was released on 3 September 2026, which included a new option of making a once-only Excluded Election Trust (EET) election, nominating beneficiaries (including other trusts and eligible companies) to whom a specified percentage of both income and capital will forever be distributed.
A trust with a valid EET election in place will not be subject to the minimum 30 per cent tax regime. This is touted as an alternative to a costly restructure to a new type of entity.
The EET election will be revoked automatically if distributions for an income year deviate from the nominated beneficiaries or their percentages. It can also be revoked voluntarily.
Where an EET election is revoked (whether automatically or voluntarily), the trust’s taxable income for the year of revocation will be subject to a 47 per cent tax impost, and the 30 per cent minimum tax regime will apply from the following year onwards.
Again, only a short period was provided to analyse the draft legislation and prepare submissions, which were due on 18 September.
Our submission on the draft legislation identified a number of concerns, including the selection below.
Our recommendations included:
Relating to the policy more broadly, we reiterated the difficulty in reconciling why small-to-medium businesses and private groups should be stripped of a number of commercial advantages that larger corporate groups will continue to enjoy.
Since the Budget announcement, two challenging options were looming in the lead-up to 2028: consequences of the 30 per cent minimum tax versus significant restructure costs.
The proposed fixed-distribution EET regime is shaping up to be merely a third challenging option.
We are here to advise you on navigating these new laws. Everyone’s circumstances are different, and you will require a tailored approach that is right for you.
We’ll be speaking to clients soon about conducting a review of your affairs and providing appropriate advice. Our goal is to assist you to make decisions on an informed basis.
In the meantime, please contact your trusted Grant Thornton adviser to discuss any aspects of this policy.
Outlining key tax considerations for a taxpayer once their aggregated group turnover is A$1 billion or more.
New “EET election” option for discretionary trusts to avoid the minimum 30 per cent without having to restructure, but creates inflexibility.
For many successful families, creating wealth is only the beginning. As your businesses, investments and family interests grow, arrangements that once worked well can become difficult to manage.