Income Tax Assessment Act 1997
View history note
Hide history noteSECTION 82-75 Death benefits paid to trustee of deceased estate 82-75(1)
This section applies to you if:
(a) you are the trustee of a deceased estate; and
(b) a *death benefit termination payment is made to you in your capacity as trustee.
Note:
See also subsection 101A(3) of the Income Tax Assessment Act 1936 .
Dependants of deceased benefit from payment
82-75(2)
To the extent that 1 or more beneficiaries of the estate who were *death benefits dependants of the deceased have benefited, or may be expected to benefit, from the payment:
(a) the payment is treated as if it had been made to you as a person who was a death benefits dependant of the deceased; and
(b) the payment is taken to be income to which no beneficiary is presently entitled.
Note:
Section 82-65 deals with the taxation of employment termination payments made to persons who are death benefits dependants of deceased persons.
Non-dependants of deceased benefit from payment
82-75(3)
To the extent that 1 or more beneficiaries of the estate who were not *death benefits dependants of the deceased have benefited, or may be expected to benefit, from the payment:
(a) the payment is treated as if it had been made to you as a person who was not a death benefits dependant of the deceased; and
(b) the payment is taken to be income to which no beneficiary is presently entitled.
Note:
Section 82-70 deals with the taxation of employment termination payments made to persons who are not death benefits dependants of deceased persons.
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