Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_5:p12
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 12/23)
Character Range: 165479–168324

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 the estate who were *death benefits dependants of the deceased have benefited, or may be expected to benefit, from the *superannuation death benefit:
 (a) the benefit is treated as if it had been paid to you as a person who was a death benefits dependant of the deceased; and
 (b) the benefit is taken to be income to which no beneficiary is presently entitled.

 (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 *superannuation death benefit:
 (a) the benefit is treated as if it had been paid to you as a person who was not a death benefits dependant of the deceased; and
 (b) the benefit is taken to be income to which no beneficiary is presently entitled.

Subdivision 302‑B—Death benefits to dependant

Table of sections

Lump sum death benefits to dependants are tax free

302‑60 All of superannuation lump sum is tax free

Superannuation income stream—either deceased died aged 60 or above or dependant aged 60 or above

302‑65 Superannuation income stream benefits are tax free

Superannuation income stream—deceased died aged under 60 and dependant aged under 60

302‑70 Superannuation income stream—tax free status of tax free component
302‑75 Superannuation income stream—taxable component attracts 15% offset

Death benefits to dependant—elements untaxed in fund

302‑80 Treatment of element untaxed in the fund of superannuation income stream death benefit to dependant
302‑85 Deceased died aged 60 or above or dependant aged 60 years or above—superannuation income stream—element untaxed in fund attracts 10% offset
302‑90 Deceased died aged under 60 and dependant aged under 60—superannuation income stream—element untaxed in fund is assessable income

Lump sum death benefits to dependants are tax free

302‑60  All of superannuation lump sum is tax free

  A *superannuation lump sum that you receive because of the death of a person of whom you are a *death benefits dependant is not assessable income and is not *exempt income.

Superannuation income stream—either deceased died aged 60 or above or dependant aged 60 or above

302‑65  Superannuation income stream benefits are tax free

  A *superannuation income stream benefit that you receive because of the death of a person of