The 2027 tax changes force every family with investments to review what it owns and how. That review is the best chance in years to fix the things that usually wait: the share portfolio in a director's name, the will written before the grandchildren, the trust controlled by one child, the SMSF with no power of attorney.
This guide sets out the 41 strategies our accountants work through, in plain English, grouped by the threat each one protects against. Everything here is general information, not advice for your situation. Each strategy has conditions, and many need a solicitor or a licensed financial adviser to act. We say who, every time.
Status is as at 18 October 2026. The CGT, pre-CGT and negative gearing changes from 1 July 2027 are law. The 30% minimum tax on discretionary trusts from 1 July 2028 is a Bill, not law.
Who acts, in the tables below:
- Accountant: we can do it, as your tax agent.
- + Solicitor: needs a legal document; we model the tax and brief your solicitor.
- + Licensed adviser: involves financial product advice (super contributions, pensions, setting up or winding up an SMSF); a licensed financial adviser gives that advice and we work alongside them.
- + Family lawyer / valuer: as stated.
Group 1: Which strategies deal with the 2027 tax changes?
These are the time-critical ones. Our guide to the 30 June 2027 tax changes explains the law behind them.
| # | Strategy | In plain English | Who acts |
|---|---|---|---|
| 1 | The 30 June 2027 valuation snapshot | You don't need to sell to keep the 50% discount on growth to 1 July 2027. The law deems a sale and buy-back and defers the tax. Get proof of each asset's value at that date so you can later choose market value or apportionment | Accountant + valuer |
| 2 | Pre-1985 asset cost base maximiser | Pre-CGT assets stay tax-free on growth to 1 July 2027 forever. A defensible valuation at that date sets the highest possible cost base for the future | Accountant + valuer |
| 3 | Pre-1985 company and trust 75% (K6) check | If you hold pre-1985 shares or units, the deemed sale can trigger a taxable gain where post-1985 assets make up 75% or more of the entity's net value. Test it early | Accountant |
| 4 | Active restructure before 30 June 2027 | Assets in an exposed or high-tax name can be moved to a company, trust or super fund while the 50% discount and the small business concessions still cut the CGT on the transfer. Stamp duty is modelled first | Accountant + solicitor |
| 5 | Staging sales across tax years | From 1 July 2027, losses are applied to half-taxed pre-2027 gains first. Selling old and new parcels in different years can make your losses go further | Accountant |
| 6 | New build vs established property triage | Established homes bought after Budget night lose negative gearing against salary from 2027–28; eligible new builds keep it, plus a choice of the 50% discount | Accountant |
| 7 | Managing the 30% minimum tax on capital gains | Time sales for a year you receive a listed payment like the Age Pension, bunch deductible gifts into the sale year, and know that the 30% bracket and above are unaffected | Accountant |
| 8 | Discretionary trust watch and hold | The 2028 trust tax is a Bill. Model it, check the deed, and wait for the law before restructuring. The proposed rollover window and election may make restructuring unnecessary | Accountant |
How strategy 4 works in practice
Hypothetical. A sole trader engineer with a growing practice also holds a $900,000 share portfolio in his own name. If the business is sued or fails, both are exposed. Moving the portfolio into a family trust before 30 June 2027 triggers CGT, but with the 50% discount applying to the transfer. After 1 July 2027, the same move would be taxed on post-2027 growth without the discount, possibly with the minimum tax. The business itself might move to a company using a small business rollover. The model compares the tax and duty cost of moving now against the protection and future tax of the new structure. Sometimes the answer is "stay put", and we'll say so.
Watch out: Any transfer between family members or entities can be clawed back in bankruptcy if the person transferring was insolvent, and the law presumes insolvency where proper books weren't kept. Get the accounts and a solvency record in order first (strategy 15).
Group 2: How do you protect assets from creditors and lawsuits?
For directors, guarantors, builders, doctors and anyone else whose work carries personal risk. Our guide to protecting the family home covers the home in detail.
| # | Strategy | In plain English | Who acts |
|---|---|---|---|
| 9 | Super as a safe haven | Money in a regulated super fund is generally protected from bankruptcy creditors, as long as contributions weren't made to defeat creditors. A steady pattern of contributions while solvent is the evidence | Accountant + licensed adviser |
| 10 | Lump sum, not pension, under financial pressure | After bankruptcy, a lump sum paid from super is generally protected, but a pension stream can be caught by the income contribution rules. Specialist advice is essential | Insolvency lawyer + licensed adviser |
| 11 | Keeping protected money separate | A home bought substantially with protected money, such as a super lump sum or life insurance, can itself be protected if the money can be traced. Use a separate account and keep the records | Accountant |
| 12 | The family home in the lower-risk spouse's name | If one spouse carries business or professional risk, the home can be bought in the other's name and still get the main residence exemption. Moving an existing home costs duty and is open to clawback for years | Accountant + solicitor |
| 13 | Investments in a discretionary trust | A beneficiary of a discretionary trust has no fixed entitlement until the trustee decides, so their creditors usually can't reach the assets. Don't build up unpaid entitlements for an at-risk beneficiary | Accountant + solicitor |
| 14 | One trustee company per trust | If one company is trustee of both a trading trust and an investment trust, trading creditors can reach the investments through the trustee. Separate trustees stop that | Accountant + solicitor |
| 15 | A solvency pack before any transfer | Up-to-date financial statements, tax records and solvency evidence at the time of a transfer rebut the presumption of insolvency in bankruptcy law | Accountant |
Group 3: How do you protect wealth in a relationship breakdown?
Family courts look at who controls a structure, not just who owns it. See our guide to trusts and family law.
| # | Strategy | In plain English | Who acts |
|---|---|---|---|
| 16 | Shared control of family trusts | A 2026 Full Court decision treated inherited trusts as a husband's property because he shared control as co-appointor. Wealth passing to a child is safer when that child doesn't hold appointor or trustee control, even jointly | Accountant + solicitor |
| 17 | Check the deed's exact words before changing control | Courts have struck down appointor changes where the deed's variation power was worded too narrowly. Read the clause before signing anything | Accountant + solicitor |
| 18 | Turn "Bank of Mum and Dad" gifts into loans | Money given to a child for a home can end up in their property pool if they separate. A written loan with a registered mortgage keeps it a debt owed to you | Accountant + solicitor |
| 19 | Co-trustees instead of a trust split | Splitting a trust into separate parts for siblings can trigger CGT on everything moved. An arrangement the ATO has accepted, with co-trustees managing separate parts of one trust, can avoid that | Accountant + solicitor |
| 20 | Early referral for a binding financial agreement | Before a second marriage, or when bringing children into the family wealth, an agreement drafted by a family lawyer can protect business and trust assets | Family lawyer |
| 21 | Child maintenance trusts (specialist) | After a genuine separation, assets put into a child maintenance trust can pay income for children under 18 that's taxed at adult rates rather than penalty rates. Funding it with growth assets before 30 June 2027 uses the 50% discount. See child maintenance trusts | Accountant + family lawyer |
Group 4: How do you plan for death, incapacity and the next generation?
Most of these need your solicitor. Our role is the tax modelling and making sure the documents fit together.
| # | Strategy | In plain English | Who acts |
|---|---|---|---|
| 22 | Testamentary trusts in wills | A trust created by your will can pay income for minor grandchildren taxed at adult rates, and adds protection from creditors and relationship breakdown. See testamentary trusts | Accountant + solicitor |
| 23 | Special disability trusts (specialist) | For a family member with a severe disability: a social security assets test exemption, a gifting concession for family members, and a CGT exemption for assets transferred in for no payment. Strict deed and eligibility rules. See special disability trusts | Accountant + solicitor |
| 24 | Long leases and occupancy rights for a trust-owned home (specialist) | A home owned by a trust doesn't normally get the main residence exemption. A right to occupy under a will, or a lease of 50 years or more, can change that, but granting a lease triggers CGT and duty. Complex; specialist only | Accountant + solicitor |
| 25 | Non-lapsing SMSF death benefit nominations | SMSF nominations don't have to expire every three years if the fund's deed allows a non-lapsing one. Check yours against the deed. See binding death benefit nominations | Accountant + solicitor |
| 26 | Steering super to tax dependants | Super paid on death to a spouse, a child under 18 or a financial dependant is tax-free; paid to independent adult children, the taxable component is taxed. Direct super to dependants and other assets to adult children through the will | Accountant + solicitor |
| 27 | Documenting financial dependency or interdependency (specialist) | An adult child who lives with and cares for a parent, with genuine financial and domestic support, may qualify as a dependant for super. Keep a regular record. Never pay a relative from an SMSF unless a condition of release has been met | Accountant + solicitor |
| 28 | An enduring power of attorney for every SMSF member | If a member loses capacity, their attorney can step in as trustee or director, keeping the fund compliant | Solicitor |
| 29 | Sign nominations while capacity is clear | A court has held nominations made by a financial manager for an incapacitated person void. Update nominations while you can sign them yourself | Solicitor |
| 30 | NSW notional estate check | In NSW only, a court hearing a family provision claim can reach assets outside the estate, including super death benefits and recent transfers. NSW residents with blended or estranged families need specialist advice | NSW succession solicitor |
| 31 | Avoiding gift-and-loan-back "protector" schemes | Promissory note gift-and-loan-back schemes marketed to strip an estate or beat creditors have been struck down by a court and can be undone in bankruptcy with no time limit. We steer clients away from them | Accountant + solicitor |
| 32 | Independent executors for blended families | Feuding co-executors can be removed by a court. Where there's friction, an independent executor may be better | Solicitor |
Group 5: How do you stay on the right side of the ATO and run super safely?
The governance strategies. Less dramatic, but this is where problems most often start.
| # | Strategy | In plain English | Who acts |
|---|---|---|---|
| 33 | Trustee consideration before distributions | Courts have overturned distributions, and removed a trustee, where the trustee didn't genuinely consider beneficiaries' circumstances. Record the enquiries before signing the 30 June resolution. See trust distributions and section 100A | Accountant |
| 34 | Extending a trust's vesting date safely | Varying a trust under a power already in the deed generally doesn't trigger CGT, unless it ends the trust or creates a new one. Check vesting dates now; act while there's time | Accountant + solicitor |
| 35 | Six-member family SMSFs | An SMSF can have up to six members, which lets parents and adult children pool super, for example to buy business premises | Accountant + licensed adviser |
| 36 | Regulation 13.22C ungeared unit trusts (specialist) | An SMSF can own units in a related unit trust or company beyond the usual 5% limit if the entity has no borrowings, charges or business and follows strict rules. One breach ends the exemption permanently. See 13.22C unit trusts | Accountant + licensed adviser + solicitor |
| 37 | Avoiding non-arm's length expenses in an SMSF | If a member does work for the fund in their business capacity for free or at a discount, the fund's income from that asset can be taxed at the highest rate. Bill everything at market rates | Accountant |
| 38 | SMSF borrowing after 10 August 2026 | New SMSF borrowing over real property is limited to business real property. Existing residential loans and their refinancing are grandfathered. Related-party loans must be on arm's length terms | Accountant + licensed adviser |
| 39 | A corporate trustee for your SMSF | With individual trustees, the ATO can fine each trustee separately. With a company as trustee, one penalty applies, shared by the directors | Accountant + solicitor |
| 40 | Super for a spouse in a genuine personal services business | A commercially justified business can pay deductible super for a spouse who does genuine work at a reasonable salary, consistent with an ATO determination | Accountant + licensed adviser |
| 41 | Ring-fencing the trading company and stopping director penalties | Keep valuable property and intellectual property out of the trading company, and keep BAS, PAYG withholding and super payments on time to avoid personal liability for directors. See director penalty notices | Accountant |
Which strategies should you look at first?
You don't need all 41. A quick way to narrow them down:
| If you are... | Start with |
|---|---|
| Holding investments in your own name and keeping them | 1, 5, 7 |
| A director or professional with personal risk | 4, 9, 12, 14, 15, 41 |
| Holding anything bought before 1985 | 2, 3 |
| Buying a residential investment property | 6 |
| A family trust trustee | 8, 13, 16, 33, 34 |
| Separating, or with children marrying | 16, 18, 20, 21 |
| Retired or retiring with an SMSF | 7, 25, 26, 28, 29, 39 |
| Caring for a family member with a disability | 23, 27 |
| A NSW resident with a blended family | 30, 32 |
Our 30 June 2027 checklist works through the questions behind this table.
How does BPAG work through the strategies with you?
- Triage (now to March 2027). We identify every asset, entity and family risk that could trigger a strategy. Our AI agents draft the first pass: the CGT modelling, the pre-CGT checks, the trust deed summary, the estate document gaps. A qualified accountant reviews every result. The AI drafts; your accountant decides.
- Model (January to May 2027). For each shortlisted strategy, we calculate the tax and duty cost of acting now against staying put.
- Execute (before 30 June 2027). We brief your solicitor on every legal document and your licensed adviser on any super product step, and we handle the tax side: returns, resolutions, valuations briefs and the evidence file.
What we won't do: recommend an arrangement designed to defeat creditors or a family law claim, restructure a trust on a Bill alone, or give legal or financial product advice ourselves. If a strategy isn't worth its cost for you, we'll tell you.
Our asset protection service runs this review as a fixed-price engagement.
Frequently asked questions
Do I need to use all 41 strategies?
No. Most families need three to six of them. The list is deliberately broad so that nothing is missed in a review; the triage tells us which ones actually fit your assets, family and risks. Some are only relevant to particular situations, like a family member with a disability or a separation.
Are these strategies legal?
Each one uses rules written into the tax, super, bankruptcy or family law, and each has conditions that must be met in full. None works if it's used to defeat existing creditors or a family law claim, and some have clawback periods. That's why the conditions and the person who must act are listed against each one.
Why does BPAG refer some strategies to a solicitor or financial adviser?
Because the law requires it, and because it protects you. Wills, trust deeds, transfers, loan documents and nominations are legal documents and must be prepared by a solicitor. Advice about setting up an SMSF, contributing or starting a pension is financial product advice that only a licensed adviser can give.
Is it too late to start in 2027?
It's never too late for the evidence and estate items. Restructures that rely on the 50% CGT discount must be completed by 30 June 2027, and they take time once solicitors, valuers and lenders are involved. Starting before March 2027 leaves room to do them properly.
What will the review cost?
We scope it on a free strategy call and quote a fixed price before work starts. The cost depends on how many entities and assets are involved. Clients on our Fractional CFO tier have proactive annual tax planning included.
Official sources
General information only, current as at 18 October 2026. It is not personal tax, legal or financial product advice and doesn't take your circumstances into account. Talk to us before you act. Where a recommendation needs a licensed financial adviser or a solicitor, we work alongside them.