Many of us associate trust funds with their depictions in popular culture – tools used by the mega-rich to distribute enormous family incomes among “trust-fund babies”.

Recently, they even went viral as the centrepiece of a TikTok audio by user @girl_on_couch, who was famously “looking for a man in finance. With a trust fund. 6’5. Blue eyes.”

But trusts – which allow assets to be managed by one party for the benefit of others – are more widespread than many people realise.

And they’re not just for the super wealthy. In 2020-21, more than a tenth of all Australians who lodged a tax return reported trust income.

Among the most common types of trust in Australia are family trusts, which are often designed to hold family assets or manage a family business. But their popularity has seen them regularly in the sights of the government and the tax office.

So what exactly are family trusts, and why are they so controversial?

First, what’s a trust?

A trust is a legal arrangement where a person nominated as a “trustee” manages assets for the benefit of another person or particular group of people. It isn’t a separate legal entity, but rather a kind of legal relationship.

A trust imposes what’s called an “equitable obligation” on its trustee to hold and manage trust assets according to specific conditions. These are set out in a “trust deed” for the explicit benefit of others, known as the trust’s “beneficiaries”.

The trustee acts as the legally appointed administrator of trust assets. But the beneficiaries still have what’s called “equitable interest” under the arrangement – certain rights to benefit from those assets.

Trustees can be individuals or companies. And many trusts include an “appointor” who has ultimate control. This appointor can appoint or remove the trustee at any time, and in many cases must consent to any changes in the trust deed.

What’s a family trust, and why do people use them?

In Australia, a family trust is a type of “discretionary trust”. Unlike a “fixed trust”, this means the trustee can make decisions about how assets and income are allocated among beneficiaries.

Family trusts are typically set up by a family member for the benefit of the family as a whole. A family trust deed can nominate multiple beneficiaries. These could include not only parents, children, grandchildren and other family members, but also other trusts and even companies.

Family trusts are often used to take advantage of their tax implications. This is because between years, trustees can vary the distribution of income among beneficiaries.

Any undistributed income left in the trust is taxed at the top marginal tax rate of 45%. But if distributed to beneficiaries with lower personal marginal tax rates, it is instead taxed at those rates, which can lower the total tax paid.

This explanation oversimplifies the picture, and there are a range of important caveats.

For example, if a beneficiary is non-resident of Australia for tax purposes, the trustee will be liable to pay tax on their behalf. And distributing trust income to beneficiaries aged under 18 can attract penalty taxes at the top marginal rate.

Why are they controversial?

Family trusts have attracted scrutiny from regulators and the public for a range of reasons – perhaps chief among them, this broad ability to lower taxation by splitting income.

The private nature of many trusts means there is often minimal public reporting, so it can be difficult to determine who in society is benefiting from trust income, and how. There are also concerns that they can be structured inappropriately to hide income.

Trusts can also help safeguard a family’s wealth by shielding a family’s assets from the liabilities of individual members. The beneficiaries of a discretionary trust generally have no legal entitlement to its assets.

This means that if the beneficiary goes bankrupt or gets divorced, the trust’s assets may often be protected from any claims.

In 2019, the Australian Taxation Office (ATO) released the findings of an independent review into trusts and the tax system. Some key areas of concern include:

• income tax shuffles (individuals exploiting differences in income definitions between trust law and tax law to dodge higher marginal tax rates)
• using convoluted structures like circular trusts (two trusts that are beneficiaries of each other) to obscure trust income and who the ultimate beneficiaries are, and
• trusts failing to lodge tax returns.

The use of trusts as a business structure in Australia may yet require further review.

This should not only seek to examine the legislation underpinning trusts, but also improve education for accountants to better understand trust and tax law.

Talk to us if you have any questions regarding family trusts.

Source: https://theconversation.com/what-are-family-trusts-232601

Key points:

• Star ratings for residential aged care homes are changing to a redesigned Compliance rating and incorporating care minute targets for Staffing ratings from November 1, 2025

• 271 stakeholders informed the design changes for the aged care Star Ratings system

• You can use the Find a Provider tool on the government website to gauge a provider’s quality of care

The Star Ratings system debuted in December 2022 and it was designed to help families find high-quality aged care providers.

The five-star scale was introduced in response to the Royal Commission into Aged Care Quality and Safety. It was meant to distil complex care metrics — Resident Experience (33%), Compliance (30%), Staffing (22%) and Quality Measures (15%) — into a digestible score.

Last week, the Australian Government Department of Health and Aged Care unveiled the Design Changes for Star Ratings for Residential Aged Care – Consultation Findings Summary Report.

The new report, informed by 271 stakeholders, such as older people, families, providers and advocates, confronts the widely reported issues with the Star Rating system.

A striking revelation to emerge from the report was the push for providers to be held accountable throughout the system.

Over three-quarters of the cohort demanded a provider’s Compliance rating drop across all its homes if it was issued a formal regulatory notice for significant or systemic non-compliance.

Although 64% of providers were supportive of the measure, they cautioned that home-specific factors — like a good manager or unique challenges — often outweigh corporate oversight.

They wanted to draw a line in the sand between small mistakes and major breaches, like neglecting resident safety, to avoid unjust punishment. The report acknowledges this but leaves the concern unaddressed.

Staffing, the lifeblood of aged care, emerges as another flashpoint. The consultation found 75% of stakeholders supported a cap of two stars on the Staffing rating for homes failing to meet both care minute targets — hours of direct care mandated per resident.

Among stakeholders, 87% expressed support for incorporating the 24/7 registered nursing requirement into the Staffing rating, with many advocating a two-star cap for non-compliance.

Yet, rural providers cried foul: workforce shortages, not negligence, often thwart them. They begged for exemptions, transparently flagged, lest they’re crushed by urban-centric rules.

Beneath these reforms lies a quieter, yet electrifying, thread: data integrity. Stakeholders didn’t just want new rules — they demanded the numbers be trustworthy.

The Staffing rating’s potency, they argued, hinges on accurate, reliable care minute data, especially when self-reported by providers.

Two-thirds insisted Compliance ratings rebound instantly once non-compliance is fixed, not linger in purgatory for 1 – 3 years.

The report’s call for transparent regulatory notices — 75% want System Governor notices published, 85% demand financial non-compliance hit ratings — doubles down, promising a window into a home’s soul.

The consultation leaves that gauntlet on the table, a test of whether the system can finally earn trust.

Finally, the report hints at a design revolution: half-star ratings and richer data. A narrow 51% endorsed half-stars for the Overall Star Rating, envisioning a ladder of incremental progress — 3.5 stars as a reachable rung, not a distant five.

The push for systemic accountability could unmask corporate culprits, staffing reforms might anchor care in reality and data integrity could rebuild faith among stakeholders. However, the report isn’t a one-size-fits-all solution for the sector.

The consultation’s 271 voices have spoken and their hopes and fears are now in the government’s hands. This year has set the stage for mass reforms, intended to make the landscape easier to navigate and safer for those seeking quality care.

Source:
This article was originally published on https://www.agedcareguide.com.au/talking-aged-care/the-aged-care-star-ratings-are-changing-heres-why. Reproduced with permission of DPS Publishing.
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Retirement might be just around the corner, or maybe you’ve recently crossed that exciting threshold. You’ve worked hard for decades, and now ready to trade in the alarm clock for leisurely mornings and to-do lists that are actually fun. But as you move into the next phase of your life; a thought might cross your mind: What now?

While the idea of unlimited free time sounds wonderful at first, many people find that after the novelty wears off, there’s something important missing. Work often provides structure, purpose, and a sense of accomplishment. Without that, it’s easy to feel a little… adrift.

So, when you picture what your ideal retirement looks like, it can be a good time to think about what you still have to offer the world and consider volunteering. As well as helping others, you’ll also enrich your life in so many ways.

Enhance your life

A study commissioned by Apia found that more than half (56%) of Australians over 50 years of age, are currently engaged with community or volunteer work. And the benefits are not just the recipient of their support – it’s been proven that volunteering can boost your own happiness, your mental health, and even your physical well-being. It’s like a secret ingredient for a fulfilling retirement.

Retirement beyond the finances

Planning your retirement is more than just numbers on a spreadsheet; it’s about creating a fulfilling, meaningful lifestyle. Volunteering can help restore that sense of purpose when you are no longer working, and add structure to your days, all while benefiting others. Thinking about volunteering before you leave the workforce can give you a head start in discovering what really lights you up, and it will give you a smooth transition into the next chapter of your life.

Here are a few tips on how to get started, make your time count, and make sure you’re doing something meaningful and truly brings you joy.

Consider your skills

You have years of knowledge, skills and life experiences to draw upon and it can be enormously satisfying to use those to help others. Your contribution can reflect the skills you honed in the workplace or talents you developed along the way. Have you always been the go-to person for organising family events or helping friends with their tech problems? Think about how you can use your skills – whether that’s helping others, improving areas in your community – like gardening, or even just making someone smile.

Choose a cause that sparks your passion

Think about what has always inspired you. Volunteering is most fulfilling when it aligns with your interests and values. So, take a moment to consider what causes excite you and look for organisations that align with your passions – maybe a local food bank, animal rescue, or environmental group. Your volunteering experience should feel like a rewarding activity, not an obligation.

Start exploring early

Ideally, don’t wait until your last day of work to decide how you’ll spend your free time. Start researching volunteering opportunities in your community or online. Many organisations offer flexible, part-time opportunities, so you don’t have to dive in full force right away. There are so many options out there that can fit into your schedule.

Volunteering, however, you approach it, can open up a whole new world. Once you look for opportunities to assist others, you also enhance your own well-being in a myriad of ways. Working with other like-minded people can give you an incredible sense of community and connection, developing fantastic friendships along the way. Not to mention the sense of satisfaction you’ll feel as you learn new things and are exposed to new ideas

Consider how you can weave volunteering into your new life. It can be a way to make your retirement truly extraordinary, while also making the world a better place.

If retirement is just around the corner, the current financial climate may make you feel a little uneasy. Watching the markets fluctuate might leave you worrying about whether your superannuation will be enough to see you through.

It’s not a time for hasty moves, though.

If you are concerned a calm review of your current portfolio and investment strategy may be helpful.

After all, the average Australian spends around 20 years in retirement, so it’s important to create a retirement strategy that takes account not only the current market conditions but also the risks and opportunities in the years ahead.

As one of the most significant retirement assets, your superannuation needs a carefully considered assessment as you approach any new life stage.

Here are five useful tips to help ease you into the next chapter towards retirement.

1. Review your risk profile and portfolio allocation

Check your super portfolio’s risk profile. Generally speaking, investors take a high-growth approach when they’re younger to take advantage of higher returns, however, as with normal share market cycles, there will be fluctuations in the share market. Having a long-term strategy gives you the time to recover from any market downturns before retirement.

Older investors may prefer a more conservative investment strategy that can help to stabilise returns by potentially protecting super from share market volatility.

2. Calculate retirement expenses

Be realistic about the living expenses you’ll need when you finish working. For some, it may cost less to live in retirement because of reduced expenses such as commuting costs and maintaining a work wardrobe.

On the other hand, you may plan to travel more or buy a new vehicle or renovate your home, so these expenses need to be factored in when working out how much you’ll need.

According to the Association of Superannuation Funds of Australia (ASFA), the annual average budget to maintain a comfortable lifestyle in retirement is $73,077 for a couple and $51,805 for a single person.

And to maintain a modest lifestyle, ASFA estimates a couple will need $47,470 and a single person will need $32,897. Both estimates assume you already own your own home.

You can find easy-to-use tools on the MoneySmart website to help you work out your budget and also estimate your income from super and the Age Pension.

3. Take action on mortgages and loans

Entering retirement with manageable or small levels of debt can contribute to feeling more financial stable.

If you’ll still be repaying a mortgage after you’ve retired, you could consider downsizing your home or using superannuation funds to pay down the debt, keeping in mind the tax implications and ensuring that you comply with superannuation laws. If you’re considering either of these courses of action, we’d be happy to explain your options and obligations.

4. Check your timing

Understanding when and how you can access your super is important.

You can use your super to fund your retirement when you reach “preservation age”, which is from age 60. You can also use your super to begin a transition to retirement income stream (TRIS) while continuing to work.

Alternatively, if you continue working beyond preservation age, you can withdraw your super once you turn 65.

There are also some circumstances in which you can access your super early such as illness and financial hardship, however, eligibility requirements do apply.

5. Decide how to withdraw your funds

You may be able to withdraw your super in a lump sum, if your fund allows it. This could be the entire amount you have invested, or you could receive regular payments.

If you ask your fund for regular payments (paid at least once a year), it is known as an income stream and your super account transitions from the accumulation phase – where contributions are made – to a pension.

There are minimum withdrawals that you must make once you commence an income stream from super. For example, for those aged under age 65, a minimum annual withdrawal of 4% of your super balance is required and this drawdown rate increases as you get older.^iv

There is a lot to think about as you approach retirement, so if you’d like to discuss your retirement income options, please give us a call.