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 302-90  

302-90   Deceased died aged under 60 and dependant aged under 60 - superannuation income stream: element untaxed in fund is assessable income  

The *element untaxed in the fund of a *superannuation income stream benefit that you receive because of the death of a person of whom you are a *death benefits dependant is assessable income if:

(a) you are aged under 60 when you receive the benefit; and

(b) the deceased died aged under 60.