Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-15 - NON-ASSESSABLE INCOME  

Division 52 - Certain pensions, benefits and allowances are exempt from income tax  

Subdivision 52-A - Exempt payments under the Social Security Act 1991  

Operative provisions

SECTION 52-20   Tax-free amount of an ordinary payment after the death of your partner  

52-20(1)    
You work out under this section the *tax-free amount of an *ordinary payment made under the Social Security Act 1991 after the death of your partner if:


(a) you do not qualify for payments under a *bereavement Subdivision; and


(b) the ordinary payment became due to you during the bereavement period.

Note:

For the provisions of the Social Security Act 1991 that tell you if you qualify for payments under a bereavement Subdivision: see subsection (3).


52-20(2)    
This is how to work out the tax-free amount : Method statement


Step 1.

Work out the *supplementary amount of the payment.

Note: The supplementary amount is also exempt and is worked out under section 52-15.


Step 2.

Subtract the *supplementary amount from the amount of the payment.


Step 3.

Work out what would have been the amount of the payment if your partner had not died.


Step 4.

Work out what would have been the *supplementary amount of the payment if your partner had not died.


Step 5.

Subtract the amount at Step 4 from the amount at Step 3.


Step 6.

Subtract the amount at Step 5 from the amount at Step 2: the result is the tax-free amount .


52-20(3)    


This table sets out:


(a) the Subdivisions of the Social Security Act 1991 that are bereavement Subdivisions ; and


(b) the provision of that Act that tells you if you qualify for payments under the relevant bereavement Subdivision.


Bereavement Subdivisions
Item For this bereavement Subdivision: This provision tells you if you qualify for payments under it:
1 Subdivision A of Division 9 of Part 2.2 paragraph 82(1)(e)
.
2 Subdivision A of Division 10 of Part 2.3 paragraph 146F(1)(e)
.
3 Subdivision B of Division 9 of Part 2.5 paragraph 237(1)(e)
.
4 (Omitted by No 197 of 1997)  
.
5 (Repealed by No 26 of 2018)  
.
5A Division 10 of Part 2.11 subsection 567(1) or section 567FA
.
5B Division 10 of Part 2.11A paragraph 592(1)(f)
.
6 Division 9 of Part 2.12 subsection 660LA(1) or section 660LH
.
7 (Repealed by No 107 of 2020)  
.
8 (Repealed by No 107 of 2020)  
.
9 (Repealed by No 26 of 2018)  
.
10 Subdivision AA of Division 9 of Part 2.15 paragraph 768A(1)(f)
.
11 Subdivision A of Division 10 of Part 2.16 paragraph 822(1)(e)



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.