S 140CA repealed by No 15 of 2007, s 3 and Sch 1 item 6, applicable to the 2007-2008 income year and later years. S 140CA formerly read:
SECTION 140CA DECEASED PERSON'S RBL TO BE USED TO CALCULATE EXCESSIVE COMPONENT FOR DEATH BENEFIT ETPs
140CA(1)
[Recipient of death benefit ETP not the relevant deceased person]
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.
140CA(2)
[Current ETP deemed in relation to relevant deceased person]
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.
140CA(3)
[Definitions]
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).
S 140CA inserted by No 7 of 1993.
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