Timeline · Trust tax changes

Trust tax changes timeline: the dates that matter from Budget night to 30 June 2030.

The measures arrive in stages, and the order decides what is possible. A transfer a month too early gets no roll-over; an election a year too early cannot be made. These are the dates as the Bills stand, kept current as they move through Parliament.

Lawyer-led structuring

Deeds, constitutions and transfer documents prepared by a solicitor, not generated from a kit.

Alongside your accountant

The tax modelling stays with your adviser; the legal structure is built to match it.

Fixed fee, quoted first

Quoted before any work starts, with duty, searches and ASIC costs itemised separately.

Property and duty in-house

Victorian duty, land tax and the property transfers handled by the same firm.

Proposed law

The 30% minimum tax on discretionary trusts is before Parliament and is not yet law. The Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and the Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026 were introduced on 14 October 2026. As introduced, the tax would apply from 1 July 2028 and the restructure roll-over would run from 1 July 2027 to 30 June 2030. The detail may change before enactment. Last reviewed 27 October 2026.

  1. 7.30pm AEST on 12 May 2026

    Budget night

    The integrity date for testamentary trusts: property added to a testamentary trust after this time is not covered by its exclusion from the minimum tax.

  2. 8 July 2026 to 31 July 2026

    Treasury consultation paper and submissions

    The first public outline of the measure and the first round of submissions.

  3. 3 September 2026 to 18 September 2026

    Exposure drafts released and consultation closed

    Draft legislation for the minimum tax, the roll-over and the election, with fifteen days for comment.

  4. 14 October 2026

    The Bills introduced to the House of Representatives

    The measure moves from draft to Bill. It is not law until both houses pass it and it receives Royal Assent.

  5. 30 June 2027

    Proposed deemed disposal date under the CGT discount measure

    Assets held by individuals and trusts are treated as sold and reacquired, with the gain deferred; the 50% discount is preserved on the gain accrued to this date.

  6. 1 July 2027

    Indexation replaces the CGT discount; the roll-over window opens

    Transfers of trust assets to a company, individual, partnership or fixed trust can qualify for the roll-over from this date, and not before.

  7. Lodgment of the 2027-28 trust return

    First roll-over choice and progress notice

    The deadline for the roll-over choice where the first transfer happens in that year, and the first progress notice if the restructure continues into later years.

  8. 1 July 2028

    The minimum tax would apply

    Income years starting on or after this date. The election window opens for trusts in existence on this date.

  9. End of the trust's first income year starting on or after 1 July 2028

    Last day to make the fixed-share election

    With notice to the Commissioner in the approved form by the return deadline.

  10. 30 June 2030

    The roll-over window closes

    Any required asset still in the trust forfeits the roll-over for every asset, including those transferred years earlier.

  11. Four income years after the last transfer

    End of the discretion lookback

    The end of the period in which material discretionary elements in the company would deny the roll-over, and the period over which the Commissioner may reopen assessments connected to it.

Dates are as the Bills were introduced and will move if Parliament amends them. The CGT discount measure is a separate Bill with its own passage.

FAQs

Common questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

What should be done before 1 July 2027?
The deed read, the elections confirmed, the assets listed, the duty and land tax position tested, the bank and landlords sounded out, and the company designed. Nothing transferred.
Can the roll-over be used in the 2029-30 year?
Yes, provided every required asset is out by 30 June 2030 and the choice and notices are made on time. Leaving the bulk of a restructure to the final year leaves no margin for the asset that cannot be moved.

Trust tax changes

Related pages.

This page is general information about proposed Commonwealth legislation and current Victorian law. It is not legal or taxation advice and does not take your circumstances into account. The Bills may change before they are enacted, and some matters, including capital gains tax interactions, are to be dealt with in later legislation. Advice should be obtained before any election is made or any asset is transferred.

Page TT-05 · Trust tax changes · Last reviewed 27 October 2026

Put the dates against your own structure.

Start online and a CMK Legal structuring lawyer picks it up, or book a consultation and we will point you the right way the same business day.