Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p16
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 16/33)
Character Range: 4715948–4718893

total of the amount of your tax offsets (if any) for the income year under:
 (i) this Division (other than this Subdivision); and
 (ii) Subdivision AB of Division 17 of Part III of the Income Tax Assessment Act 1936;
 (b) next, work out the total of:
 (i) the amount worked out under paragraph (a); and
 (ii) the amounts (if any) of *Medicare levy and *Medicare levy (fringe benefits) surcharge you are liable to pay for the income year;
 (c) next, work out the total of:
 (i) the amount worked out under paragraph (a); and
 (ii) the amounts (if any) of Medicare levy and Medicare levy (fringe benefits) surcharge you are liable to pay for the income year;
  on the assumptions mentioned in subsection (3);
 (d) next, work out the amount (if any) by which the total worked out under paragraph (b) exceeds the total worked out under paragraph (c).
 (3) For the purposes of paragraph (2)(c), the assumptions are that:
 (a) each *superannuation lump sum mentioned in paragraph (1)(b) were a *superannuation income stream benefit; and
 (b) for the purposes of section 307‑125 (proportioning rule), the invalidity pay, invalidity pension or pension mentioned in paragraph (1)(b) of this section were a *superannuation income stream.

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

Table of Subdivisions
 Guide to Division 302
302‑A Application
302‑B Death benefits to dependant
302‑C Death benefits to non‑dependant
302‑D Definitions relating to dependants

Guide to Division 302

302‑1  What this Division is about
      This Division sets out the tax treatment of superannuation death benefits received by members of complying plans etc. This treatment varies depending on the age of the deceased when they died (and in some cases on the age of the recipient of the benefit).

Subdivision 302‑A—Application

Table of sections
302‑5 Division applies to superannuation death benefits paid from complying plans etc.
302‑10 Superannuation death benefits paid to trustee of deceased estate

302‑5  Division applies to superannuation death benefits paid from complying plans etc.
  This Division applies to *superannuation death benefits that:
 (a) are paid from a *complying superannuation plan; or
 (b) are *superannuation guarantee payments, *small superannuation account payments, *unclaimed money payments, *superannuation co‑contribution benefit payments or *superannuation annuity payments.
Note: For the tax treatment of superannuation member benefits paid from complying plans, see Division 301. Superannuation benefits paid from superannuation plans that are not complying superannuation plans are dealt with in Division 305.

302‑10  Superannuation death benefits paid to trustee of deceased estate
 (1) This section applies to you if:
 (a) you are the trustee of a deceased estate; and
 (b) you receive a *superannuation death benefit in your capacity as trustee.
 (2) To the extent that 1 or more beneficiaries of