INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 82 - Employment termination payments  

Subdivision 82-B - Employment termination payments: death benefits  

Operative provisions

SECTION 82-75   Death benefits paid to trustee of deceased estate  

82-75(1)  
This section applies to you if:


(a) you are the trustee of a deceased estate; and


(b) a *death benefit termination payment is made to you in your capacity as trustee.

Note:

See also subsection 101A(3) of the Income Tax Assessment Act 1936 .

Dependants of deceased benefit from payment

82-75(2)  
To the extent that 1 or more beneficiaries of the estate who were *death benefits dependants of the deceased have benefited, or may be expected to benefit, from the payment:


(a) the payment is treated as if it had been made to you as a person who was a death benefits dependant of the deceased; and


(b) the payment is taken to be income to which no beneficiary is presently entitled.

Note:

Section 82-65 deals with the taxation of employment termination payments made to persons who are death benefits dependants of deceased persons.

Non-dependants of deceased benefit from payment

82-75(3)  
To the extent that 1 or more beneficiaries of the estate who were not *death benefits dependants of the deceased have benefited, or may be expected to benefit, from the payment:


(a) the payment is treated as if it had been made to you as a person who was not a death benefits dependant of the deceased; and


(b) the payment is taken to be income to which no beneficiary is presently entitled.

Note:

Section 82-70 deals with the taxation of employment termination payments made to persons who are not death benefits dependants of deceased persons.


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