Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p14
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 14/20)
Character Range: 1587738–1590533

termination payment to the trustee of the estate of the deceased.
Note 2: If you have also received a life benefit termination payment in the same income year, your entitlement to a tax offset under this section is not affected by your entitlement (if any) to an offset for the life benefit termination payment (under section 82‑10).

82‑75  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) 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
 (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
 (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.

Subdivision 82‑C—Key concepts

Guide to Subdivision 82‑C

82‑125  What this Subdivision is about

      This Subdivision defines an employment termination payment as a payment made in consequence of the termination of a person's employment that is received no later than 12 months after the termination (though the 12 month restriction is relaxed in some circumstances).
      An employment termination payment can be a life benefit termination payment (received by the person whose employment is terminated) or a death benefit termination payment (received by another person after the death of a person whose employment is terminated).
      Certain types of payments are declared not to be employment termination payments.
      Various other terms used in describing the taxation treatment of employment termination payments are defined in the Subdivision.

Table of sections

Operative provisions
82‑130 What is an employment termination payment?
82‑135 Payments