Family trust setup that accounts for what happens next
Most family trust problems start with the deed, not after it. Generic deeds ignore Section 100A exposure, miss the Family Trust Election window, and trigger CGT events on amendment. Parkview builds your trust around your business, then stays for every decision after signing.
What a $300 trust deed costs you
The family trust setup cost you see advertised online covers a document, not a structure. When that document does not fit your commercial reality, the remediation costs dwarf the original price. A deed drafted without understanding your business often needs amending later. Deed amendments can trigger a CGT event under the ATO's trust taxation framework, and a single CGT event on a property held in trust can generate tens of thousands in unexpected tax liability.
The ATO requires a Family Trust Election to be lodged for a trust to access family trust loss provisions and franking credit concessions. Missing this election can permanently exclude the trust from these concessions for the relevant income year. That is not a paperwork inconvenience; it is a structural loss baked into the trust for its lifetime. Section 100A of the Income Tax Assessment Act 1936 targets distributions where the economic benefit passes to someone other than the named beneficiary.
The ATO has increased compliance activity around Section 100A since 2022, and a generic deed does not build in the safeguards an advisor would. Parkview designs your deed around your specific structure from day one. We lodge the FTE at the right time, and we build distribution strategies with Section 100A in mind before the first dollar moves.
Every decision handled, from deed to distribution
When you set up a family trust through Parkview, each element involves a genuine strategic decision. Here is how we handle the process so you are not facing these choices alone.
Family trust setup cost, clearly stated
Includes deed preparation, trustee guidance, ABN/TFN registration, Family Trust Election assessment, stamp duty lodgement, and a structured consultation. Complexity determines where you sit in the range.
ASIC charges a $597 establishment fee and $310 annual review fee for a special purpose company acting as corporate trustee. This is an additional cost if you opt for a corporate trustee.
NSW, VIC, and ACT charge stamp duty on discretionary trust deeds. Other states and territories do not currently impose it. Parkview advises on state of establishment and manages the lodgement.
A family trust is not always the right answer
Before you create a family trust, the first question is whether it fits your situation. We will tell you if it does not.
When a family trust works
Business owners with surplus profit gain income splitting flexibility across family members, reducing the overall tax rate on distributed income. Families holding appreciating assets like property or shares benefit from holding them across generations. SMEs preparing for sale or succession in three to five years find a trust structure can simplify the transaction.
See corporate trustee servicesWhen it does not
Single-income earners with no spouse or adult children to distribute to gain no distribution benefit. The trust adds compliance cost with no tax advantage. Businesses with significant employee liability exposure face a different problem: the liability sits inside the operating entity regardless of the trust structure, so the trust adds complexity without meaningful asset protection. In both cases, Parkview would advise against setup.
Your trust needs an advisor every year, not at setup alone
Trustee resolutions before 30 June
A trustee resolution determining the distribution of trust income must be made before 30 June each income year. Failure to pass a valid resolution means income is assessed to the trustee at the top marginal rate. We prepare and manage this resolution as part of your ongoing relationship.
Annual tax return and compliance
Your trust is a separate taxpaying entity and must lodge its own annual return. We handle this alongside your personal and business returns, ensuring consistency across entities. No deadline arrives without us having prepared for it.
Distribution decisions and strategy
Each year the trustee has full discretion over which beneficiaries receive distributions and in what amounts. We advise on the optimal strategy considering each beneficiary's marginal tax rate, Section 100A exposure, and Family Trust Election constraints.
Bucket company integration
For clients retaining profits above the top marginal rate threshold, a bucket company caps the tax rate on retained distributions at the corporate rate. We integrate this with your trust structure from the start.
Day-to-day decision support
Can an accountant set up a family trust and then disappear until tax time? Many do. Parkview's monthly retainer model means you have someone to call when the ATO writes to you, when a beneficiary's circumstances change, or when you need to understand present entitlement versus actual payment.
Why the timing of your family trust setup matters
The 30 June threshold
Trusts established before 30 June can make distributions for the current financial year. Trusts established from 1 July must wait a full year before their first distribution. This is a structural planning fact, not manufactured urgency.
Your trust within your broader structure
A family trust is one element of your overall business structure. How it interacts with your operating entity, personal tax position, corporate trustee, or bucket company determines whether the structure works or creates friction. Family trust setup providers online skip this conversation entirely.
Distribution strategy as ongoing tax planning
Once the trust is established, the annual distribution decision is a tax planning exercise. Who receives income, in what amounts, and through which entities are decisions Parkview manages as part of the ongoing relationship.
Common questions about family trust setup
Engage an advisory-led accountant, not a document provider. The process involves preparing a deed tailored to your commercial situation, appointing a trustee (corporate recommended for most SMEs), registering for ABN and TFN, lodging stamp duty where applicable in NSW, VIC, or ACT, and assessing whether a Family Trust Election is appropriate. Each of these involves a strategic decision that affects how the trust operates for years.
Structures that work with your family trust
Corporate trustee services
Recommended as default for most SMEs. Asset protection, succession simplicity, and cleaner ASIC reporting.
Bucket company setup
Caps tax on surplus trust distributions at the 25% corporate rate. Often paired with a family trust from year one.
Testamentary trust setup
Estate-activated trust for tax-effective income splitting to minor beneficiaries. Designed alongside your will.
Small business restructure
Moving an existing business into a trust uses Subdivision 328-G rollover relief. Handled inside the same engagement.
Your family trust setup starts with a conversation, not a template
A structured consultation about whether a family trust fits your situation.
We cover what it will cost, what the deed needs to include, and what the ongoing relationship looks like. If a trust is not right for you, we will say so directly.
- Confirm whether a family trust fits your structure
- Get transparent setup costs upfront — no surprises
- Understand the FTE and Section 100A exposure before signing
