2026 Trusts

Strategies to manage family trust distributions tax

Published Date: 30 Jun 2026

 

Closely held private groups make family trust elections and interposed entity elections to more easily utilise tax losses and to access franking credits. However, families change, businesses change, tax agents change, circumstances change and the elections that once benefitted a family group, and that are not designed to be flexible, can cause a significant family trust distribution tax liability for the family. By working through several case studies, this article explores various options available to taxpayers to manage the family trust distributions tax liability. It also explores the dichotomy between the family trust rules and the various anti-avoidance provisions. The application of the “dob in” provisions are also considered. Ultimately, the article questions why taxpayers should go to such lengths, and whether it wouldn’t be better tax policy to update the family trust rules.

Sorry, this is subscriber only content.

To gain access to this material and much more - Subscribe Now.

(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).

Already a Subscriber? Login now

Already a Subscriber? Login now

Details

The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))

("TTI")

The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.

Tags

2026 Trusts

Share this page