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This month we look at several important developments and practical compliance issues affecting individuals, businesses, trusts and SMSF trustees. The proposed 30% minimum tax on discretionary trusts could have significant implications for some family groups — particularly where trusts distribute income to companies — although the rules remain subject to consultation and are not yet final. We clear up common misconceptions on travel and overtime meal allowances in light of the ATO's updated 2026–27 rates. With the Commonwealth penalty unit rising from 1 July 2026 we highlight how this increases the cost of late lodgements and other compliance mistakes. Finally, we look at SMSF property valuations and related-party leases, and the importance of having audit-ready evidence in place before your auditor asks for it. Tap any card below to jump straight to what matters to you.
⇩ Download printable PDFDiscretionary trusts — often called family trusts — have been a popular structure for Australian families and businesses for many decades, commonly used to operate family businesses, hold investments and assist with succession planning. Their flexibility, together with asset protection and estate planning benefits, has made them an attractive option for many groups.
In the 2026–27 Federal Budget, the Government announced that from 1 July 2028, trustees of discretionary trusts would generally be required to pay a minimum tax of 30% on the trust's taxable income.
The trustee would generally pay the minimum 30% tax. Where trust income is distributed to individual or certain non-corporate beneficiaries, those beneficiaries would receive a non-refundable tax offset for the tax already paid by the trustee — intended to prevent double taxation while maintaining the 30% floor.
A number of trusts would be excluded from the rules, including:
Many family groups distribute some trust income to a company for cash flow flexibility and profit retention. Under the proposed rules, a corporate beneficiary would not receive a tax offset for tax already paid by the trustee — meaning income distributed to a company could face double taxation.
Restructuring is rarely straightforward. Depending on the circumstances it may involve stamp duty, loan approvals, financing arrangements, contract changes and licensing requirements. Even relatively simple restructures can involve significant time and cost — careful planning is essential.
The proposal remains subject to consultation. Treasury released a consultation paper in July 2026 seeking feedback on design issues and final legislation has not yet been introduced. Most groups should avoid making major structural decisions based solely on the announcement — it is sensible to monitor developments while considering whether existing structures remain appropriate if the proposal proceeds.
↑ Show lessThe ATO has released its updated reasonable travel and overtime meal allowance rates for 2026–27 in Taxation Determination TD 2026/4. The overtime meal allowance has increased to $40.00, while domestic and overseas travel rates have also been updated based on salary levels and travel destinations.
Although these figures are widely publicised, they are often misunderstood — applying them incorrectly could lead to deductions being denied as well as interest and penalties.
The ATO's reasonable amounts only become relevant if an employee receives a genuine travel or overtime meal allowance. Generally, an allowance should:
Employees can only claim the amount they actually spend. The ATO's reasonable amounts simply mean that in certain circumstances employees may not need a receipt for every specific expense — but the expenses must still have been genuinely incurred and relate to work-related activities.
Useful records include: a travel diary, bank or card statements, a representative sample of receipts, and — where travel involves six or more consecutive nights away from home — a formal travel diary recording dates, locations and purpose.
A penalty unit is the building block used under Commonwealth law to calculate many ATO fines and administrative penalties. Rather than specifying fixed dollar amounts, the legislation refers to a number of penalty units — as the unit value rises, so do all penalties that rely on it. The new $364 value applies to breaches occurring on or after 1 July 2026.
| Penalty type | Old ($330/unit) | New ($364/unit) |
|---|---|---|
| Late lodgement — small entity (max 5 units) | $1,650 | $1,820 |
| False / misleading statement — 20 units | $6,600 | $7,280 |
| False / misleading statement — 40 units | $13,200 | $14,560 |
| False / misleading statement — 60 units (intentional) | $19,800 | $21,840 |
| SMSF trustee breach — 60 units (per trustee) | $19,800 | $21,840 |
ATO penalties are not tax deductible — they must be paid from after-tax income. The good news is that the ATO will often consider remitting penalties (in part or full) where there are genuine mitigating circumstances or where a voluntary disclosure is made before the issue is identified. Addressing problems early typically results in a better outcome.
For many SMSF trustees, property is one of the most significant assets held by the fund. There is a legal requirement that all SMSF assets are valued at market value each 30 June. For listed shares this is straightforward, but for property the process can be more involved.
Trustees are responsible for determining market value. After annual financial statements are prepared, your fund auditor will need to see objective and supportable evidence backing up how you arrived at that value.
Trustees may use a qualified independent valuer — this is recommended where the property is a significant part of the fund's value or is difficult to value. Where trustees choose not to use an independent valuer, they will need evidence from multiple sources. For property this typically includes:
Where an SMSF holds business real property (BRP), it may be leased to a business operated by a fund member or related party. However, the arrangement must be on fully commercial terms at all times.
Key test: would all the lease terms — including rent, term, outgoings and conditions — reflect what an unrelated third-party tenant would agree to?
To satisfy an auditor that a related-party lease is on arm's length terms, you should have: