Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p11
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 11/33)
Character Range: 4703277–4706208

an element untaxed in the fund, see Subdivision 301‑C.

301‑40  Superannuation income stream—taxable component is assessable income, 15% offset for disability benefit
 (1) If you are under your *preservation age when you receive a *superannuation income stream benefit, the *taxable component of the benefit is assessable income.
Note: For taxable component, see Subdivision 307‑C.

Offset for disability benefit
 (2) If the benefit is a *superannuation income stream benefit and a *disability superannuation benefit, you are entitled to a *tax offset equal to 15% of the *taxable component of the benefit.

Subdivision 301‑C—Member benefits: elements untaxed in fund

Table of sections
301‑90 Tax free component and element taxed in fund dealt with under Subdivision 301‑B, but element untaxed in the fund dealt with under this Subdivision

Member benefits (element untaxed in fund)—recipient aged 60 or above
301‑95 Superannuation lump sum—element untaxed in fund taxed at 15% up to untaxed plan cap amount, top rate on remainder
301‑100 Superannuation income stream—element untaxed in fund attracts 10% offset

Member benefits (element untaxed in fund)—recipient aged over preservation age and under 60
301‑105 Superannuation lump sum—element untaxed in fund taxed at 15% up to low rate cap amount, 30% up to untaxed plan cap amount, top rate on remainder
301‑110 Superannuation income stream—element untaxed in fund is assessable income

Member benefits (element untaxed in fund)—recipient aged under preservation age
301‑115 Superannuation lump sum—element untaxed in fund taxed at 30% up to untaxed plan cap amount, top rate on remainder
301‑120 Superannuation income stream—element untaxed in fund is assessable income

Miscellaneous
301‑125 Unclaimed money payments by the Commissioner

301‑90  Tax free component and element taxed in fund dealt with under Subdivision 301‑B, but element untaxed in the fund dealt with under this Subdivision
  If you receive a *superannuation benefit that includes an *element untaxed in the fund:
 (a) the *tax free component (if any) of the benefit is treated in the same way as the tax free component of a superannuation benefit under Subdivision 301‑B; and
 (b) the *element taxed in the fund (if any) included in the benefit is treated in the same way as the taxable component of a superannuation benefit under Subdivision 301‑B; and
 (c) the element untaxed in the fund is treated in accordance with this Subdivision.
Note: If your superannuation benefit is a superannuation income stream benefit that is defined benefit income, see Subdivision 303‑A.

Member benefits (element untaxed in fund)—recipient aged 60 or above

301‑95  Superannuation lump sum—element untaxed in fund taxed at 15% up to untaxed plan cap amount, top rate on remainder
 (1) If you are 60 years or over when you receive a *superannuation lump sum from a *superannuation plan, the *element untaxed in the fund