That money is then funnelled to the husband, wife and teenage daughter.
“How are we likely to be affected by the proposal to levy a flat tax of 30 per cent on family trusts?” they asked.
The question posed to Whittaker was simple, but his answer may come as unwelcome news.
“You are likely to be hit hard,” he explained, adding that the couple likely currently pay just $27,000 in total tax on the distributed incomes.
Once Labor’s tax laws come into effect in 2028, this tax will increase by 100 per cent.
”Under the proposed arrangements, the trust would cop a flat tax of 30 per cent, which would be $54,000, so your tax would effectively double,” Whittaker added.
“There is no need for urgent action, as these changes are still two years away, but you will certainly need to discuss with your accountant the optimal structure.”
There could be a small loophole that would allow the couple and their daughter to pay slightly less tax, but it involves slashing the incomes paid to $45,000 per year.
Whittaker said the remaining balance could be paid again as a trust distribution or a superannuation, where it would be taxed by just 15 per cent.
“If you pay your daughter a wage, you will need to show that she genuinely earned it, with hours worked at market rates,” he added.
Commenters on Whittaker’s column claimed this real-world example is “exactly” why the trust tax law reform was the right move.
“Thank you first letter writer for illustrating exactly why the trust tax law needs overhauling. Fair go for all,” one said.
“Noel’s first example is the exact reason our government has decided to do the right thing and tax trusts,” another added.
“It’s actually a funny name for something when you consider that none of us could trust what on earth goes on in them.”
Explaining the 30 per cent trust tax
Discretionary trusts allow people – most often people and families with great wealth – to minimise their tax expenses by distributing income among their trustees.
Currently, income from discretionary trusts are taxed at the beneficiary’s marginal rate.
The Albanese government will slap a 30 percent minimum tax rate on these trusts from July 1, 2028, to “improve the fairness of the tax system and help fund new tax cuts for workers”.
The budget papers noted that around there were around one million trusts in Australia in the 2022-2023 tax year.
Families with discretionary trusts faced an average tax rate about 4 per cent lower compared to families on similar income, but who were without trusts.
The government claimed more than 90 per cent of private trust wealth belonged to the wealthiest 10 per cent of Australian households.
The information provided on this website is general in nature only and does not constitute personal financial advice. The information has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any information on this website you should consider the appropriateness of the information having regard to your objectives, financial situation and needs.
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