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

A deceased estate entails a myriad of legal and tax questions. Here is Michael McCarthy of Tax & super Australia with the answers.

A deceased estate entails a myriad of legal and tax questions. Here is Michael McCarthy of Tax &amp; super Australia with the answers.

114 | Deceased Estate

Binding death benefit nominations are an important part of SMSF succession. Daniel Butler of DBA Lawyers will tell you more.

113 | Binding Death Benefit Nomination

How does SMSF succession work? Daniel Butler of DBA Lawyers in Melbourne gives a helpful overview and shares quite a few war stories. Here is what we learned.

112 | SMSF Succession

Australia started implementation of the MLI in 2017. Simon Dorevitch of A & A Tax Legal Consulting will tell you in this episode how this actually works.

Australia started implementation of the MLI in 2017. Simon Dorevitch of A &amp; A Tax Legal Consulting will tell you in this episode how this actually works.

111 | Implementation of the MLI

The multilateral instrument is to stop base erosion and profit shifting. Here is Simon Dorevitch of A & A Tax Legal Consulting with more.

The multilateral instrument is to stop base erosion and profit shifting. Here is Simon Dorevitch of A &amp; A Tax Legal Consulting with more.

110 | Multilateral Instrument

Multinational base erosion and profit shifting harms Australia through lost tax revenue. Here is Simon Dorevitch of A & A Tax Legal Consulting with more.

Multinational base erosion and profit shifting harms Australia through lost tax revenue. Here is Simon Dorevitch of A &amp; A Tax Legal Consulting with more.

109 | Base Erosion and Profit Shifting

Investors in ESICs receive generous tax concessions. Here is Simon Dorevitch of A & A Legal Tax Consulting with more.

Investors in ESICs receive generous tax concessions. Here is Simon Dorevitch of A &amp; A Legal Tax Consulting with more.

108 | Early Stage Innovation Companies

In May 2018 the government announced the changes to the R&D tax incentive in its 2018/19 Federal Budget. Simon Dorevitch of A & A Tax Legal Consulting will walk you through the drafted changes.

In May 2018 the government announced the changes to the R&amp;D tax incentive in its 2018/19 Federal Budget. Simon Dorevitch of A &amp; A Tax Legal Consulting will walk you through the drafted changes.

107 | Changes to the R & D Tax Incentive

The Board of Taxation is currently reviewing Australia's small business tax concessions. Here is Dr Mark Pizzacalla with more details.

106 | Review of Small Business Tax Concessions

Chances are the Board of Taxation has featured in your work before. But what does the Board actually do? Here is Dr Mark Pizzacalla with the answer.

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