Income Tax Assessment Act 1997
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Hide history noteThis section applies to a *superannuation benefit that is paid from a *public sector superannuation scheme that is not a *constitutionally protected fund.
307-295(2)
If the *superannuation benefit paid is not sourced to any extent from contributions made into a *superannuation fund or earnings on such contributions, the *taxable component of the superannuation benefit consists wholly of an element untaxed in the fund .
307-295(3)
If the benefit is a *superannuation lump sum that is partly sourced from contributions made into a *superannuation fund or earnings on such contributions, the element taxed in the fund and the element untaxed in the fund of the *taxable component of the benefit are worked out as follows: Method statement
Step 1.
Subdivide the *taxable component of the *superannuation lump sum (the original benefit ) into 2 notional superannuation lump sums as follows:
Step 2.
The fund benefit consists of an element taxed in the fund , an element untaxed in the fund , or both, as worked out under this Subdivision.
Step 3.
The non-fund benefit consists wholly of an element untaxed in the fund .
Step 4.
The element taxed in the fund of the original benefit equals the element taxed in the fund of the fund benefit.
Step 5.
The element untaxed in the fund of the original benefit is the sum of the elements untaxed in the fund worked out under steps 2 and 3.
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