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

The small business CGT concessions are one of the most generous tax concessions in Australia. Adrian Bailey of Cleary Hoare will guide you through the details.

74 | Small Business CGT Concessions

Should you consider the CGT rollovers in a business restructure? The answer is a clear Yes.  If the small business CGT concessions don't work, then a CGT rollover is the next best thing. We asked Adrian Bailey of Cleary Hoare to tell us more  about this.

Should you consider the CGT rollovers in a business restructure? The answer is a clear Yes. If the small business CGT concessions don't work, then a CGT rollover is the next best thing. We asked Adrian Bailey of Cleary Hoare to tell us more about this.

Should you consider the CGT rollovers in a business restructure? The answer is a clear Yes. &nbsp;If the small business CGT concessions don't work, then a CGT rollover is the next best thing.&nbsp;We asked Adrian Bailey of Cleary Hoare to tell us more&nbsp; about this.

78 | CGT Rollovers in a Business Restructure

What is Mclowd's 2020 vision? Where are they heading? Here is Ashley Porter, the CEO of Mclowd with the details.

73 | McLowd's 2020 Vision

Mclowd's 2020 vision is to improve retirement outcomes for self-funded retirees by driving down the cost of SMSF administration. That was McLowd's vision from the very start and it never changed.

Mclowd's 2020 vision is to improve retirement outcomes for self-funded retirees by driving down the cost of SMSF administration. That was McLowd's vision from the very start and it never changed.

Mclowd's 2020 vision is to improve retirement outcomes for self-funded retirees by driving down the cost of SMSF&nbsp;administration. That was McLowd's vision from the very start and it never changed.

73 | McLowd’s 2020 Vision

The basic conditions for small business CGT concessions will tighten for the sale of shares and units. Adrian Bailey of Cleary Hoare will walk you through the changes.

71 | New Basic Conditions When Selling Shares Or Units

The small business CGT concessions are probably the most generous concessions for small business in the Australian tax legislation. They can save business owners a lot of tax.

Continuing Professional Education is something we all need to do to stay registered as tax practitioners.  But there are many common misconceptions about CPE. At least our understanding of CPE was fuzzy at the best, and wrong at the worst of times. 
 
So we went to see Ian Taylor, the Chair of the Tax Practitioners Board, that reviews our CPE. We had 10 light bulb moments during this talk with Ian. Here is what we learned.

Continuing Professional Education is something we all need to do to stay registered as tax practitioners. But there are many common misconceptions about CPE. At least our understanding of CPE was fuzzy at the best, and wrong at the worst of times. So we went to see Ian Taylor, the Chair of the Tax Practitioners Board, that reviews our CPE. We had 10 light bulb moments during this talk with Ian. Here is what we learned.

Continuing Professional Education is something we all need to do to stay registered as tax practitioners.&nbsp; But there are many common misconceptions about CPE. At least our understanding of CPE was fuzzy at the best, and wrong at the worst of times. 
 
So we went to see Ian Taylor, the Chair of the Tax Practitioners Board, that reviews our CPE.&nbsp;We had 10 light bulb moments during this talk with Ian. Here is what we learned.

68 | Continuing Professional Education

What will future SMSF practices look like? How will they grow and adapt? We asked Aaron Dunn of Smarter SMSF to give us an insight.

70 | Future SMSF Practices

Every time you listen to Tax Talks, you earn CPE. That is just one of many things Ian Taylor of the TPB will clarify for you.

How do you exit our practice? What do most practitioners do? We asked Steven Fine of Growth Focus to walk us through the options you have.

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