--- title: Governments must agree to shield business from costly stamp duty date: 2026-08-14T00:00:00+10:00 author: Mikala Grosse canonical_url: "https://tcci.com.au/news/governments-must-agree-stamp-duty" section: News --- NEWS# Governments must agree to shield business from costly stamp duty --- Media Release Date 14 August 2026 Category [Media Releases](https://tcci.com.au/category/media-releases) ![Photo by Jakub Żerdzicki](https://tcci.com.au/volumes/images/Unsplash/_1280x720_fit_center-center_70_none/24246/photo-1738195920.webp) 1. [ Home ](https://tcci.com.au/) 2. [ News ](https://tcci.com.au/news) 3. Governments must agree to shield business from costly stamp duty ![Jointmediarelease ACC Iandstatechambers](https://tcci.com.au/volumes/images/News/2026/_900x225_fit_center-center_70_none_ffffff/24251/Jointmediarelease-ACCIandstatechambers.webp) The Australian business community is calling on federal, state and territory governments to agree on measures that protect small businesses from the costly consequences of restructuring under the proposed tax on discretionary trusts. The federal government's proposed minimum 30 per cent tax on discretionary trusts is expected to force many small and family businesses to move into company structures. In many cases, that restructuring would trigger stamp duty on the transfer of business assets, adding tens of thousands of dollars in additional costs. Ahead of the Council on Federal Financial Relations meeting on Friday, the Australian Chamber of Commerce and Industry (ACCI) and all state and territory business chambers are urging the nation’s Treasurers to work together to prevent small businesses from being unfairly penalised. The call comes as ACCI's [*Stop the Big Hit on Small Biz*](https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faustralianchamberofcommerceandindustry.cmail20.com%2Ft%2Fi-l-vyhjijl-idttidukii-r%2F&data=05%7C02%7Cmikala.grosse%40tcci.com.au%7C7eeeca54eb7d4494ce2c08def9757c48%7C3a0df0000df64f03a888da59fe53bf15%7C0%7C0%7C639222480209573432%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=2prOIKQlclqPwahqjnWMFDAyQRLVJU2GII6bnZUXGQg%3D&reserved=0) campaign continues to highlight the consequences of the proposed tax on discretionary trusts. ACCI Chief Executive Officer Andrew McKellar said the proposed changes would leave many businesses facing significant restructuring costs and stamp duty liabilities of up to 5.5 per cent, dependent on the jurisdiction and the value of the asset. "For example, a business in Melbourne with assets of $1 million would face $55,000 in stamp duty to change from a trust to a company structure,” Mr McKellar said. “This is extremely concerning when you consider business would also have to pay for accounting, legal and other advisory fees that could easily be $50,000 or more.” Mr McKellar said many businesses would have little choice but to move into a company structure to access the 25 per cent company tax rate rather than face the proposed minimum 30 per cent tax on trusts. “This will still leave many businesses worse off because they lose the flexibility discretionary trusts provide. This means higher compliance costs, a less suitable business structure and, in many cases, a higher overall tax burden,” he said. "This is a double whammy for the small businesses that drive the Australian economy. "State and territory governments should not compound that burden by imposing stamp duty on businesses that are restructuring solely because of a change in federal tax policy. "The Commonwealth, states and territories need to work together on a solution. “Small business owners have a business to run. They should not be left footing the bill for a government-driven tax restructure." For more information, read ACCI’s [submission](https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faustralianchamberofcommerceandindustry.cmail20.com%2Ft%2Fi-l-vyhjijl-idttidukii-y%2F&data=05%7C02%7Cmikala.grosse%40tcci.com.au%7C7eeeca54eb7d4494ce2c08def9757c48%7C3a0df0000df64f03a888da59fe53bf15%7C0%7C0%7C639222480209583751%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=55Y5EhLIF72NjbiFUTIV2aegtMyNuPoO2pL50%2B48Egc%3D&reserved=0) on the minimum tax on discretionary trusts. [ ![Photo by Eyestetix Studio](https://tcci.com.au/volumes/images/Unsplash/_600x600_crop_center-center_none/17718/photo-1409296156.webp) Prev post ### News & Events - 18 August 2026 eNewsletter ](https://tcci.com.au/news/news-events-18-august-2026) [ #### Next post ### Stop the Big Hit on Small Biz A bigger tax bill for Family Business ![Website Banner](https://tcci.com.au/volumes/images/News/2026/_600x600_crop_center-center_none/24286/Website-Banner.webp) ](https://tcci.com.au/news/stop-the-big-hit-on-small-biz)