Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 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

  (1)   The * element untaxed in the fund of a * superannuation income stream benefit that you receive because of the death of a person of whom you are a * death benefits dependant is assessable income in either or both of the following cases:

  (a)   you are 60 years or over when you receive the benefit;

  (b)   the deceased died aged 60 or above.

  (2)   You are entitled to a * tax offset equal to 10% of the * element untaxed in the fund of the benefit.

Note:   If your superannuation income stream benefit is defined benefit income, see Subdivision   303 - A.


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