Property Council calls on Treasury to ditch ‘unworkable’ trust tax
that will shrink new housing
The Property Council of Australia has urged the Federal Government to abandon proposed discretionary trust tax changes, warning the reforms would create a major obstacle to meeting Australia’s 2029 housing targets.
The call comes as Treasury consults on a proposed 30 per cent minimum tax on discretionary
trusts, a policy announced in the Federal Budget and scheduled to commence from 1 July
2028. The inadequately short consultation period closes on 31 July.
Property Council Chief Executive Mike Zorbas said the proposal would disproportionately hit
family-owned and mid-tier property developers responsible for delivering many of the new
homes Australia needs.
“This is a flawed policy that is wrong at many levels and risks shrinking new housing supply
further. All this while costs of capital, labour and materials continue to rise,” said Mike Zorbas.
“At best these reforms slow the delivery of new housing. At worst they stop projects
altogether.
“If you want 1.2 million new homes don’t increase taxes that jeopardise new projects and jack
up prices for new homeowners.”
“These are family businesses that have been using legitimate structures for decades and are
now being told to undertake costly and complex restructures or face punitive new tax
outcomes.”
The Property Council’s submission to Treasury argues that discretionary trusts are widely
used throughout the property sector to manage risk, secure project finance and support long
term development projects that often take between five and ten years to complete.
The submission warns that the reforms could force businesses to restructure established
development operations, potentially triggering significant stamp duty liabilities, legal costs,
financing changes and the loss of accumulated tax losses that underpin project feasibility.
“The proposed changes create the strong impression the Federal Government is either
ignorant of, or carelessly triggering, state stamp duty shocks for many of the businesses in an
industry that employs 1.4 million people.”
