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INCOME TAX ASSESSMENT ACT 1997 - SECT 301.95 Superannuation lump sum--element untaxed in fund taxed at 15% up to untaxed plan cap amount, top rate on remainder

INCOME TAX ASSESSMENT ACT 1997 - SECT 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 of the lump sum is assessable income.

  (2)   You are entitled to a * tax offset that ensures that the rate of income tax on the amount mentioned in subsection   (3) does not exceed 15%.

Note:   The remainder of the element untaxed in the fund is taxed at the top marginal rate in accordance with the Income Tax Rates Act 1986 .

  (3)   The amount is so much of the * element untaxed in the fund as does not exceed your * untaxed plan cap amount for the * superannuation plan at the time you receive the benefit.

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