Major change in proposed 30 per cent minimum tax on trusts
InsightNew “EET election” option for discretionary trusts to avoid the minimum 30 per cent without having to restructure, but creates inflexibility.
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By: Vince Tropiano
03 Aug 2022 2 min read
After delivering a sobering economic update in October last year outlining a $951.5m deficit, this year the state’s position has improved with a deficit of $580.4m, largely due to increased revenue from population growth. The deficit is then expected to reduce even further to $229.4m in 2025-26. However, the State’s debt is expected to grow from an estimated $4.9b to $9.8b over the next four years.
The State’s unemployment rate is sitting at 3.1%, while employment growth is expected to return to 2% with international borders open and the State’s population increasing. Real Gross State Product 3% in 2021-22, and is expected to continue to grow at this rate over the coming years.
The ACT is approximately halfway through a planned 20 year transition from stamp duty to a broad based property tax. The transition is being implemented by gradually lowering the stamp duty rates and increasing thresholds, while at the same time increasing the rates of property taxes. In line with that transition:
Notably, the increases are intended to apply to the amount of tax itself, and is not simply a percentage increase in the rate. For example, due to the recent rise in residential land values, marginal property tax rates for residential land have actually decreased.
The Budget also adjusts the eligibility criteria for the Home Buyer Concession Scheme, Disability Duty Concession Scheme, and Deferred Duty Scheme, enabling more households to access those schemes.
New “EET election” option for discretionary trusts to avoid the minimum 30 per cent without having to restructure, but creates inflexibility.
The announced 30 per cent minimum tax on discretionary trusts creates significant challenges for private groups.
The Government has announced revisions to several tax measures in the Budget, affecting capital gains tax treatment for small businesses, a special carve-out for start-ups, and a conditional exclusion for discretionary testamentary trusts from the 30 per cent tax on trusts.