Tax Office imposes death tax on family homes by stealth
What happened
The Tax Office has released Draft TD 2026/D1 – Income tax: deceased estates – meaning of 'right to occupy the dwelling under the deceased's will' in item 2(b) of column 3 of the table in subsection 118-195(1) of the Income Tax Assessment Act 1997. However, at least in relation to the approach concerning testamentary trusts (TTs), TD 2026/D1 is arguably misguided. This matters for Professional Services & HR because the signal changes the near-term supplier conversation, especially around price discipline, optionality, and execution readiness
Buyer takeaway
For Professional Services & HR, this is useful directional context for buyer conversations, but it is not strong enough on its own to justify a forced escalation
Cost / money
There is no clean savings number here, but the story may still shift cost exposure through timing, supplier posture, or delivery complexity
Supplier / commercial
Supplier posture may change before any benchmark visibly moves, so keep commercial conversations specific on scope, exclusions, and response obligations
Safety / operations
Treat the operational consequence as directional. Validate where this could change field readiness, supplier response expectations, or execution resilience
What to watch
Watch whether the signal becomes operationally real in supplier behavior, quote terms, or field readiness instead of staying thematic
Key facts
- The Tax Office has released Draft TD 2026/D1 – Income tax: deceased estates – meaning of 'rig
- However, at least in relation to the approach concerning testamentary trusts (TTs), TD 2026/D
- For the purposes of item 2(b), the reference to the term 'will' is, properly construed, a ref
- In other words, the deceased's will is considered to be separate and distinct from a testamen
Source excerpts
The Tax Office has released Draft TD 2026/D1 – Income tax: deceased estates – meaning of 'right to occupy the dwelling under the deceased's will' in item 2(b) of column 3 of the table in subsection 118-195(1) of the Income Tax Assessment Act 1997
Overlooks that a TT is not a separate instrument, but a legal structure created solely by the will
