The September episode of Tax Talks sees Andrew Henshaw and Rajan Verma joined by Karen Goodfellow of Goodfellow Tax Advisory to unpack the major Australian tax developments from September 2026.
The discussion begins with the exposure draft package for the proposed 30% minimum tax on discretionary trusts. The panel examines which trusts and income streams may fall outside the regime, the proposed broader definition of a fixed trust, the treatment of company beneficiaries and the complexity of adding a minimum tax framework on top of the existing trust tax rules.
The episode then turns to the proposed election allowing existing trusts to avoid the minimum tax by fixing future income and capital distributions. The panel considers the consequences of making an irrevocable election, including changes in family circumstances, corporate beneficiaries, charitable distributions, asset protection, family law and succession planning. They also review the proposed trust restructure rollover, including its all-assets approach, duty concerns and the risks of moving assets into a company.
The panel also examines the proposed innovative business CGT concession, including the holding period, registration process, Australian activity requirements, excluded industries and the challenge of maintaining eligibility through to a future CGT event.
The cases section covers the Hilton Hotels Part IVA decision and what it may mean for restructures undertaken before a sale, contemporaneous documentation and how far the ATO may look back when identifying a broader scheme. The episode concludes with a recent tax residency decision involving an engineer working in Dubai, highlighting the difficulty of severing Australian tax residency, the importance of establishing a permanent place of abode overseas and the potential CGT consequences of leaving Australia.
Across these topics, the panel returns to a practical message for accountants and advisers: understand the proposals, identify affected clients and preserve the evidence supporting important decisions, but avoid taking irreversible steps while the law remains unsettled.

The September episode of Tax Talks sees Andrew Henshaw and Rajan Verma joined by Karen Goodfellow of Goodfellow Tax Advisory to unpack the major Australian tax developments from September 2026. The discussion begins with the exposure draft package for the proposed 30% minimum tax on discretionary trusts. The panel examines which trusts and income streams may fall outside the regime, the proposed broader definition of a fixed trust, the treatment of company beneficiaries and the complexity of adding a minimum tax framework on top of the existing trust tax rules. The episode then turns to the proposed election allowing existing trusts to avoid the minimum tax by fixing future income and capital distributions. The panel considers the consequences of making an irrevocable election, including changes in family circumstances, corporate beneficiaries, charitable distributions, asset protection, family law and succession planning. They also review the proposed trust restructure rollover, including its all-assets approach, duty concerns and the risks of moving assets into a company. The panel also examines the proposed innovative business CGT concession, including the holding period, registration process, Australian activity requirements, excluded industries and the challenge of maintaining eligibility through to a future CGT event. The cases section covers the Hilton Hotels Part IVA decision and what it may mean for restructures undertaken before a sale, contemporaneous documentation and how far the ATO may look back when identifying a broader scheme. The episode concludes with a recent tax residency decision involving an engineer working in Dubai, highlighting the difficulty of severing Australian tax residency, the importance of establishing a permanent place of abode overseas and the potential CGT consequences of leaving Australia. Across these topics, the panel returns to a practical message for accountants and advisers: understand the proposals, identify affected clients and preserve the evidence supporting important decisions, but avoid taking irreversible steps while the law remains unsettled.

September Updates

Episode 5 of Tax Talks sees Andrew Henshaw and guest co-host Ani Tuna joined by Vincent Licciardi from HWLE to unpack the major tax developments from August 2026.
The discussion begins with increasing scrutiny from the ATO and Tax Practitioners Board, exploring disclosure obligations, annual registration renewals and fit and proper person requirements. The panel examines the Free decision and the risks practitioners face when outstanding tax obligations or adverse findings remain undisclosed, including where the underlying matters are disputed.
The episode then examines the second tranche of draft CGT and negative gearing measures, analysing valuation challenges, main residence issues, small business concessions and the proposed definition of a new residential dwelling. The discussion also considers foreign resident CGT reforms and changes to SMSF limited recourse borrowing arrangements, including transitional contracts, business real property and refinancing.
The panel reviews recent Victorian and New South Wales state tax cases involving windfall gains tax, property nominations and landholder duty, highlighting how contract dates and transaction sequencing can produce unexpected liabilities. The discussion also explores engagement scope, client expectations and the risks for accountants advising outside their areas of expertise.
The episode concludes with GST credits on legal and litigation costs, developments concerning Bitcoin and draft ATO guidance on crypto transactions, and the Division 293 consequences of receiving employment income in arrears. Across these topics, the panel highlights the importance of precise timing, supporting evidence and identifying risks before transactions proceed.

Episode 5 of Tax Talks sees Andrew Henshaw and guest co-host Ani Tuna joined by Vincent Licciardi from HWLE to unpack the major tax developments from August 2026. The discussion begins with increasing scrutiny from the ATO and Tax Practitioners Board, exploring disclosure obligations, annual registration renewals and fit and proper person requirements. The panel examines the Free decision and the risks practitioners face when outstanding tax obligations or adverse findings remain undisclosed, including where the underlying matters are disputed. The episode then examines the second tranche of draft CGT and negative gearing measures, analysing valuation challenges, main residence issues, small business concessions and the proposed definition of a new residential dwelling. The discussion also considers foreign resident CGT reforms and changes to SMSF limited recourse borrowing arrangements, including transitional contracts, business real property and refinancing. The panel reviews recent Victorian and New South Wales state tax cases involving windfall gains tax, property nominations and landholder duty, highlighting how contract dates and transaction sequencing can produce unexpected liabilities. The discussion also explores engagement scope, client expectations and the risks for accountants advising outside their areas of expertise. The episode concludes with GST credits on legal and litigation costs, developments concerning Bitcoin and draft ATO guidance on crypto transactions, and the Division 293 consequences of receiving employment income in arrears. Across these topics, the panel highlights the importance of precise timing, supporting evidence and identifying risks before transactions proceed.

Episode 5 of Tax Talks sees Andrew Henshaw and guest co-host Ani Tuna joined by Vincent Licciardi from HWLE to unpack the major tax developments from August 2026.
The discussion begins with increasing scrutiny from the ATO and Tax Practitioners Board, exploring disclosure obligations, annual registration renewals and fit and proper person requirements. The panel examines the Free decision and the risks practitioners face when outstanding tax obligations or adverse findings remain undisclosed, including where the underlying matters are disputed.
The episode then examines the second tranche of draft CGT and negative gearing measures, analysing valuation challenges, main residence issues, small business concessions and the proposed definition of a new residential dwelling. The discussion also considers foreign resident CGT reforms and changes to SMSF limited recourse borrowing arrangements, including transitional contracts, business real property and refinancing.
The panel reviews recent Victorian and New South Wales state tax cases involving windfall gains tax, property nominations and landholder duty, highlighting how contract dates and transaction sequencing can produce unexpected liabilities. The discussion also explores engagement scope, client expectations and the risks for accountants advising outside their areas of expertise.
The episode concludes with GST credits on legal and litigation costs, developments concerning Bitcoin and draft ATO guidance on crypto transactions, and the Division 293 consequences of receiving employment income in arrears. Across these topics, the panel highlights the importance of precise timing, supporting evidence and identifying risks before transactions proceed.

August Updates

Child support lump sum payments are often favoured by mothers and might improve the relationship between parents.

Child support lump sum payments are often favoured by mothers and might improve the relationship between parents.

391 | Child Support Lump Sum Payments

Child support non-agency payments are payments to third parties credited to a child support liability.

Child support non-agency payments are payments to third parties credited to a child support liability.

390 | Child Support Non Agency Payments

In some ways CATS Accountants is just a normal practice with a turnover of $1m. But in other ways they are quite unique and unusual.

282 | CATS Accountants

In this episode, Adam O'Grady, Assistant Commissioner of the ATO, will discuss the taxation of crypto with you.

In this episode, Adam O'Grady, Assistant Commissioner of the ATO, will discuss the taxation of crypto with you.

335 | Taxation of Crypto

s100A ITAA36 is about reimbursement arrangements. I pay you something and then you pay me straight back - that sort of arrangement.

s100A ITAA36 is about reimbursement arrangements. I pay you something and then you pay me straight back - that sort of arrangement.

340 | s100A ITAA36

So the ATO has been busy – and has issued not one, not two, not three, but four publications in one hit about s100A ITAA97 around unpaid present entitlements and reimbursement arrangements.
Today let’s focus on TD 2022/D1 which covers the Div 7A issue around unpaid present entitlements.

So the ATO has been busy – and has issued not one, not two, not three, but four publications in one hit about s100A ITAA97 around unpaid present entitlements and reimbursement arrangements. Today let’s focus on TD 2022/D1 which covers the Div 7A issue around unpaid present entitlements.

339 | TD 2022/D1

What is a staking pool and why would you stake your crypto? And what is a rug pull? These are just some of the questions Harrison Dell of Cadena Legal in Sydney will discuss with you in this episode.

What is a staking pool and why would you stake your crypto? And what is a rug pull? These are just some of the questions Harrison Dell of Cadena Legal in Sydney will discuss with you in this episode.

338 | Staking Crypto

Without a basic understanding of crypto blockchains, you can’t really understand the basics of crypto. So in this episode le’ts talk about crypto blockchains.

Without a basic understanding of crypto blockchains, you can’t really understand the basics of crypto. So in this episode le’ts talk about crypto blockchains.

337 | Crypto Blockchains

In this episode, let's talk about the common distinction between investor v trader, airdrops and rug pulls in smart contracts, and how this is taxed.

In this episode, let's talk about the common distinction between investor v trader, airdrops and rug pulls in smart contracts, and how this is taxed.

336 | Crypto Trading

How LLC income is taxed in the US  - disregarding any treaty position - depends on three things as Gary Carter will tell you in this episode.

How LLC income is taxed in the US - disregarding any treaty position - depends on three things as Gary Carter will tell you in this episode.

How LLC income is taxed in the US &nbsp;- disregarding any treaty position - depends on three things as Gary Carter will tell you in this episode.

US 15 | LLC Income

The subdivision of land is not a CGT event itself, but it often comes along with one as Andrew Andreyev will tell you in this episode.

The subdivision of land is not a CGT event itself, but it often comes along with one as Andrew Andreyev will tell you in this episode.

334 | Subdivision of Land

A single member LLC is a disregarded entity for US federal tax purposes. The Australian entity assumes all US federal tax obligations instead.

A single member LLC is a disregarded entity for US federal tax purposes. The Australian entity assumes all US federal tax obligations instead.

US 14 | Single Member LLC

CGT event K6 never happens alone - it is always triggered by another CGT event as Andrew Henshaw will tell you in this episode.

CGT event K6 never happens alone - it is always triggered by another CGT event as Andrew Henshaw will tell you in this episode.

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