Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 52.20

Tax - free amount of an ordinary payment after the death of your partner

  (1)   You work out under this section the * tax - free amount of an * ordinary payment made under the Social Security Act 1991 after the death of your partner if:

  (a)   you do not qualify for payments under a * bereavement Subdivision; and

  (b)   the ordinary payment became due to you during the bereavement period.

Note:   For the provisions of the Social Security Act 1991 that tell you if you qualify for payments under a bereavement Subdivision: see subsection   (3).

  (2)   This is how to work out the tax - free amount :

Method statement

Step 1.   Work out the * supplementary amount of the payment.

  Note:   The supplementary amount is also exempt and is worked out under section   52 - 15.

Step 2.   Subtract the * supplementary amount from the amount of the payment.

Step 3.   Work out what would have been the amount of the payment if your partner had not died.

Step 4.   Work out what would have been the * supplementary amount of the payment if your partner had not died.

Step 5.   Subtract the amount at Step 4 from the amount at Step 3.

Step 6.   Subtract the amount at Step 5 from the amount at Step 2: the result is the tax - free amount .

  (3)   This table sets out:

  (a)   the Subdivisions of the Social Security Act 1991 that are bereavement Subdivisions ; and

  (b)   the provision of that Act that tells you if you qualify for payments under the relevant bereavement Subdivision.

 

Bereavement Subdivisions



Item



For this bereavement Subdivision:

This provision tells you if you qualify for payments under it:

1

Subdivision A of Division   9 of Part   2.2

paragraph   82(1)(e)

2

Subdivision A of Division   10 of Part   2.3

paragraph   146F(1)(e)

3

Subdivision B of Division   9 of Part   2.5

paragraph   237(1)(e)

5A

Division   10 of Part   2.11

subsection   567(1) or section   567FA

5B

Division   10 of Part   2.11A

paragraph   592(1)(f)

6

Division   9 of Part   2.12

subsection   660LA(1) or section   660LH

10

Subdivision AA of Division   9 of Part   2.15

paragraph   768A(1)(f)

11

Subdivision A of Division   10 of Part   2.16

paragraph   822(1)(e)



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback