Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT 1993 No. 7 of 1993 - SECT 21

21. After section 140C of the Principal Act the following section is inserted:
Deceased person's RBL to be used to calculate excessive component for death
benefit ETPs

"140CA.(1) This section applies in cases where (apart from this section) the
recipient for a death benefit ETP ('the current ETP') is not the relevant
deceased person for the ETP.

"(2) The current ETP is to be treated as being an ETP in relation to the
relevant deceased person (and not in relation to the person who would be the
recipient apart from this section) for the purpose of working out:

   (a)  the extent to which the current ETP has an excessive component; and

   (b)  the extent to which any other ETP in relation to the relevant deceased
        person, or any other person, has an excessive component.

"(3) In this section:
'death benefit ETP' means an ETP that is a death benefit within the meaning of
section 27AAA;
'relevant deceased person' means:

   (a)  for a death benefit covered by Item 1 in Table 1 in section 27AAA-the
        taxpayer referred to in the applicable paragraph of the definition of
        'eligible termination payment' in subsection 27A(1); or

   (b)  for a death benefit covered by Item 2 or 3 in Table 1 in section
        27AAA-the deceased person referred to in the applicable paragraph of
        the definition of 'eligible termination payment' in subsection 27A(1);
        or

   (c)  for a death benefit covered by Item 4 in Table 1 in section 27AAA-the
        deceased person referred to in paragraph 27AAA(6)(a) or (b).".