Discretionary trusts
The Government announced it intends to introduce legislation to amend the way in which discretionary trusts are taxed. Under the proposal, trustees of discretionary trusts will be subject to a 30 per cent tax on the taxable income of the trust. Beneficiaries of these trusts, other than corporate beneficiaries, will receive a non-refundable credit for the tax paid by the trustee. These changes will apply from 1 July 2028.
The Government has also acknowledged that family trusts can be used for non-tax purposes, such as for holding family primary production assets and for estate planning. In light of this, the Government has decided to exclude primary production income, income of vulnerable minors, income which is already subject to the non-resident withholding tax, and income from discretionary testamentary trusts.
The minimum tax will not apply to other types of trusts such as fixed and widely held trusts (including fixed testamentary trusts), complying superannuation funds, special disability trusts, deceased estates, and charitable trusts.
To assist small businesses and other taxpayers wanting to move from a discretionary trust structure to an alternative structure, such as a company or fixed trust, rollover relief will be provided for 3 years from 1 July 2027.
Immediate $1,000 deduction
Prior to the Budget, the Government released draft legislation to introduce an automatic $1,000 deduction for Australian tax residents who earn income for their work. The amendment will apply from 1 July 2026 (the 2027 income tax year).
Qualifying taxpayers can choose to apply the automatic deduction, or choose to claim a deduction for all work-related deductions they have incurred (where their deductions exceed the $1,000 threshold).
Taxpayers who choose to claim their actual deductions will be required to comply with all substantiation requirements.
Charitable donations, union and professional association membership fees, and other non-work-related deductions will continue to be claimable separately, in addition to the automatic deduction.
Working Australians $250 tax offset
The Government has announced it will introduce a permanent tax offset, the Working Australia Tax Offset (WATO). WATO will provide an annual tax offset of $250 for individuals who derive income from salary and wages, or as a sole trader business operator. The offset will apply from 1 July 2027 and will be paid automatically in workers’ tax returns.