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

Div 7A past amendment periods might allow you to get out of jail tax-free.

Div 7A past amendment periods might allow you to get out of jail tax-free.

332 | Div 7A Past Amendment Periods

From PI over FYI and Suite to KarbonHQ - here is Amy Holdsworth with a helpful overview.

From PI over FYI and Suite to KarbonHQ - here is Amy Holdsworth with a helpful overview.

331 | From PI over FYI and Suite to KarbonHQ

Ten thousand Clients - that is what Lucy Cohen of Mazuma Accountants is aiming for. Here she tells you what she is doing to get there.

Ten thousand Clients - that is what Lucy Cohen of Mazuma Accountants is aiming for. Here she tells you what she is doing to get there.

330 | Ten Thousand Clients

Pitch your nitch - if this was easy, we would all be doing it. But it isn’t. So let this episode give you some food for thought.

Pitch your nitch - if this was easy, we would all be doing it. But it isn’t. So let this episode give you some food for thought.

329  | Pitch Your Nitch

For US citizens living in Australia, the US taxation of Australian SMSFs is a huge question.

For US citizens living in Australia, the US taxation of Australian SMSFs is a huge question.

US 13 | US Taxation of Australian SMSFs

Putting a duplex development onto a site that was previously a main residence can throw a lot of tax issues at you.

Putting a duplex development onto a site that was previously a main residence can throw a lot of tax issues at you.

328 | Duplex Development

Let’s do some brainstorming about the tax implications of duplex developments.

Let’s do some brainstorming about the tax implications of duplex developments.

327 | Brainstorming Duplex Development

When you rent out your main residence, can you tax deduct your home loan? And if you can, can you still claim the 6-year absence rule for the main residence exemption, so basically pay no CGT on the capital gain but still claim the interest while you are renting it out?
That is the question  Andrew Henshaw of Velocity Legal in Melbourne will discuss with you in this episode.

When you rent out your main residence, can you tax deduct your home loan? And if you can, can you still claim the 6-year absence rule for the main residence exemption, so basically pay no CGT on the capital gain but still claim the interest while you are renting it out? That is the question Andrew Henshaw of Velocity Legal in Melbourne will discuss with you in this episode.

When you rent out your main residence, can you tax deduct your home loan? And if you can, can you still claim the 6-year absence rule for the main residence exemption, so basically pay no CGT on the capital gain but still claim the interest while you are renting it out?
That is the question &nbsp;Andrew Henshaw of Velocity Legal in Melbourne will discuss with you in this episode.

326 | Tax Deducting Your Home Loan

How should you structure a property development project for tax purposes? Here is Andrew Andreyev of Andreyev Lawyers with some thoughts.

How should you structure a property development project for tax purposes? Here is Andrew Andreyev of Andreyev Lawyers with some thoughts.

325 | Property Development 101

A default beneficiary might save your trustee from paying top marginal tax rates on trust income and capital gains - without a 50% CGT discount.

A default beneficiary might save your trustee from paying top marginal tax rates on trust income and capital gains - without a 50% CGT discount.

A default beneficiary might save your trustee from paying top marginal tax rates on trust income and capital gains - without a 50% CGT discount.&nbsp;

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