Minimum tax on discretionary trusts
From 1 July 2028, the taxable income of discretionary trusts will be taxed at 30% (excluding fixed and widely-held trusts, superfunds, special disability trusts, deceased estates, charitable trusts). The trustee pays the tax and the beneficiaries (other than corporate beneficiaries) receive non-refundable credits to offset their own tax.
The proposed changes will effectively discourage the use of corporate beneficiaries, given the potential for double entity taxation.
From 1 July 2027, small businesses and others will have three years of temporary relief to move to alternative structures (e.g. company or fixed trust).
Existing trust arrangements and distribution strategies within a family group’s tax planning framework should be reviewed.
Permanent instant asset write-off
From 1 July 2026, the $20,000 instant asset write-off will be a permanent feature for small businesses with turnover up to $10 million. For the current financial yare
Assets costing more than $20,000 can continue to be placed into a simplified depreciation pool. The provisions that prevent re-entry into the simplified depreciation system for five years will remain suspended until 30 June 2027.
Permanent tax loss carry-back
From 1 July 2026, companies with global turnover under $1 billion can carry-back a tax loss and offset it against tax paid up to two years earlier (limited to its franking account balance).
Loss refundability for start-ups
From 1 July 2028, small start-ups can claim a refundable tax offset on losses in their first two years of operation (limited to the value of FBT and PAYG withholding paid on employee wages). Otherwise, it can choose to carry forward losses as usual.
Capital gains tax discount replaced
From 1 July 2027, the 50% CGT discount is replaced with cost base indexation (using CPI) for assets held more than 12 months, with a 30% tax on net capital gains.
Transitional arrangements will limit the impact on existing investments by ensuring the changes only apply to gains made after 1 July 2027.
For example: asset owned pre-1 July 2027 and sold post this date, CGT is calculated as follows:
- 50% CGT discount will apply to the difference between the asset value on 1 July 2027 to its original cost base; and
- Indexation and a minimum 30% tax on gains accruing from 1 July 2027.
The measure does not apply retrospectively and will apply to all CGT assets, including pre-1985 CGT assets, held by individuals, trusts and partnerships.
To maintain incentives for new housing supply, investors who bought new residential properties can choose either the 50% CGT discount or apply the new rules, when they sell.
The reforms will not affect the main residence CGT exemption or taxation settings for superfunds.
FBT treatment of electric cars
The Government is reducing FBT concessions available for employers who provide electric vehicles to employees. From 1 April 2029, a permanent 25% discount on FBT will be available for all electric cars valued up to and including the luxury car threshold.
Transitional arrangements:
- Up to 31 March 2027
- Existing electric car exemption continues.
- Changes from 1 April 2027
- Full FBT exemption only for electric cars costing $75,000 or less.
- Electric cars costing more than $75,000 and less than luxury car tax threshold receive a 25% discount on FBT payable.
- Changes from 1 April 2029
- All electric cars costing less than luxury car tax threshold receive a 25% discount on FBT payable.
FBT and other items & expenses
Whilst this change was not announced in the Federal Budget, it has been proposed to stop employees from receiving a tax benefit by salary packaging certain expenses.
Under the proposal:
- the otherwise deductible rule will no longer reduce the taxable value of an expense payment fringe benefits if the expense is salary packaged; and
- the FBT exemption for certain work-related items (such as laptops, software, protective clothing, briefcases and tools of trade) will only apply where the items are provided outside a salary packaging arrangement.
Where these expenses or items are provided through salary packaging, the employer may be liable to pay FBT on the full value, unless another exemption applies.
Research & Development tax incentive
From 1 July 2028, the Research & Development tax offset will increase by around 25% to 50%. More companies will qualify, with the intensity threshold reduced from 2% to 1.5%. The turnover threshold for the highest refundable offset will also increase from $20 million to $50 million, allowing more growing companies to benefit.
Small business support extended
The small business lending exemption is extended for another 10 years, making it easier to access finance. The ATO will also provide eligible businesses with a temporary tax relief until 30 June 2026, including flexible payment plans, remission of interest and penalties, and lower PAYG instalments where business income has decreased.