Is Upgrading a Discretionary Trust a Resettlement?

No.  The variation of the Trust’s Rules using LightYear Docs meets the Commissioner’s determination on varying a discretionary trust without a new trust or resettlement arising - TD 2012/21 - Income tax: does CGT event E1 or E2 in sections 104-55 or 104-60 of the Income Tax Assessment Act 1997 happen if the terms of a trust are changed pursuant to a valid exercise of a power contained within the trust's constituent document, or varied with the approval of a relevant court.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact LY Legal through the Surge App.

Last Reviewed: 08/08/2025

Last Updated: 08/08/2025