INCOME TAX ASSESSMENT ACT 1997 - SECT 302.80 Treatment of element untaxed in the fund of superannuation income stream death benefit to dependant

INCOME TAX ASSESSMENT ACT 1997 - SECT 302.80

    If a * superannuation income stream benefit that you receive because of the death of a person of whom you are a * death benefits dependant 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 income stream benefit under section   302 - 65 or 302 - 70; and

  (b)   the * element taxed in the fund (if any) of the benefit is treated in the same way as the * taxable component of a superannuation income stream benefit under section   302 - 65 or 302 - 75; and

  (c)   the element untaxed in the fund is treated in accordance with section   302 - 85 or 302 - 90.

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