New 30 per cent trust tax creates significant challenges for private groups
Client AlertThe announced 30 per cent minimum tax on discretionary trusts creates significant challenges for private groups.
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By: Simon Gow
01 May 2023 5 min read

Apart from having to report to the ATO on an annual basis, the moment you sign your Trustee Declaration, you are declaring that you understand your trustee obligations and responsibilities.
Self-managed superannuation is becoming an increasingly popular choice. According to the latest SMSF Quarterly Statistical Report, over 63 per cent of all new SMSF establishments in the December 2023 quarter were made up by members under age 50. This proves that superannuation is no longer just a focus for those who are nearing retirement. With establishments on the rise, it’s important to have your specialised team in place from inception to ensure you adhere to compliance requirements.
Options for SMSF administration vary greatly, making it even more crucial that you do your research and ask questions to understand what the provider will be offering you, and with fraud and investment scams on the rise - where your super money is being invested.
SMSF Trustees have several administrative obligations to ensure their fund is compliant with superannuation legislation including:
A range of penalties can be imposed by the ATO. Individual Trustees and Directors of Corporate Trustees are personally liable to pay an administrative penalty. Penalties are imposed via a penalty unit system ranging from 5 to 60. Currently, each penalty unit incurs a fine of $275, and a breach could range between $1,375 (5 x $275) to $16,500 (60 x $275). It is imperative as Trustees that you understand your responsibilities and keep abreast of what is on the ATO’s compliance radar.
The concept of self-managed doesn’t mean you are in this alone. At Grant Thornton, we have a dedicated National Superannuation Team that specialises in the administration and lodgement of the annual returns. We also have relationships with external auditors to ensure your SMSF remains compliant. In addition, we also have licensed advisers that can provide you with superannuation specific advice.
Our team is based here in Australia and all administrative tasks are processed onshore. We use current technologies to streamline your data and give you up-to-date information helping you as a trustee to make informed decisions for your SMSF.
Please reach out to our team of experts today for advice around the administration of your self-managed super fund.
The announced 30 per cent minimum tax on discretionary trusts creates significant challenges for private groups.
Succession is no longer just about who takes over. Many family businesses are using succession planning as a catalyst to reassess whether their current structure is still fit for purpose. As businesses scale, trust or partnership structures can become restrictive. Issues may include limited asset protection, challenges winning commercial contracts, reduced buyer appeal, and constraints on reinvesting profits to support growth.
Treasury has released draft regulations supporting the Treasury Laws Amendment (Building a Stronger and Fairer Super System) Act 2026, which introduced the new Division 296 tax on superannuation balances exceeding $3m and $10m. The regulations provide the long awaited operational detail on how the new tax will work in practice, particularly for defined benefit interests, large Australian Prudential Regulation Authority funds and Self-managed Superannuation Funds.