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From choosing the right trustee structure to understanding tax benefits and compliance; our ultimate guide breaks down everything you need to know to set up a family trust in Australia, step by step.
The Government has announced a 30% minimum tax on discretionary trust income from 1 July 2028. It isn’t law yet and the details are still being consulted on. It mainly affects trusts distributing to beneficiaries on lower tax rates, which includes asset protection, succession and structural benefits are unchanged. We’ll talk you through what it means for your situation before you commit.
A corporate trustee is a company you own and control. It keeps the trust’s obligations separate from your personal assets and stays in place as your circumstances change. Most people setting up a trust to hold property or run a business choose corporate; an individual trustee suits simpler situations and costs less to start.
You can, but distributions to children under 18 are taxed at penalty rates above $416 a year, so it’s rarely effective. Adult children on lower incomes are usually far more useful beneficiaries.
Beyond setup, expect an annual trust tax return and a trustee resolution each year. If you use a corporate trustee, an annual company review fee applies. We price both upfront so you know the year-two cost before you start.
Yes, a discretionary trust can hold cryptocurrencies, NFTs, and other digital investments, provided the trust deed is correctly structured. You’ll need to ensure accurate valuation, reporting, and tax treatment aligned with ATO guidance on CGT assets.
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