Commonwealth of Australia Consolidated Acts

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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

             (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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