Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-30 - SUPERANNUATION  

Division 302 - Superannuation death benefits paid from complying plans etc.  

Subdivision 302-B - Death benefits to dependant  

Death benefits to dependant - elements untaxed in fund

SECTION 302-80  

302-80   Treatment of element untaxed in the fund of superannuation income stream death benefit to dependant  

If a *superannuation income stream benefit that you receive because of the death of a person of whom you are a *death benefits dependant includes an *element untaxed in the fund:

(a) the *tax free component (if any) of the benefit is treated in the same way as the tax free component of a superannuation income stream benefit under section 302-65 or 302-70 ; and

(b) the *element taxed in the fund (if any) of the benefit is treated in the same way as the *taxable component of a superannuation income stream benefit under section 302-65 or 302-75 ; and

(c) the element untaxed in the fund is treated in accordance with section 302-85 or 302-90 .

Note:

If your superannuation income stream benefit is defined benefit income, see Subdivision 303-A .