For decades, trust structures have been a popular feature of the Australian financial and tax landscape. Valued for their flexibility in distributing income and protecting assets, trusts have been a go-to for many businesses and investors. But as rules change and administration becomes more complex, some are now reconsidering whether trusts are still the best option.
In recent years, there has been a noticeable – though modest – shift from trust structures to corporate entities. This trend is driven largely by increased regulatory scrutiny and the growing workload involved in maintaining a compliant trust. Trustees and directors of trustee companies are finding they must dedicate significantly more time and resources to manage documentation and meet compliance obligations.
One major challenge is the pressure on trustees to make accurate distribution decisions by the end of the financial year. Without complete financial information – especially for actively trading businesses – this timing can be difficult. Poorly timed or misinformed decisions can result in profits being taxed at higher penalty rates.
The Australian Taxation Office (ATO) has also stepped up its attention on trust arrangements. While the integrity rules around trusts have long existed, they are now being more actively enforced. This makes errors in trust management riskier than ever before.
So, Are Trusts Still Useful?
Absolutely – but with caution and proper guidance.
While the trust landscape has become more complex, trusts can still offer unique advantages when used appropriately. For example:
- They remain a strong tool for passive investment activities
- They can play an important role in estate planning
- They still offer structural benefits for some business arrangements
What Should You Do Now?
This isn’t a time to abandon trusts altogether – but it is a time to reassess. Before setting up a trust, it’s essential to seek expert advice to understand:
- Whether a trust is the right structure for your needs
- The benefits and limitations of using a trust
- The compliance and documentation responsibilities involved
With the right support, trusts can still be a valuable part of your financial strategy. Let us help you navigate the complexity and get the most from your structure.
