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6 Sept 2023

I received a lump sum as a non tax dependent of a superannuation fund member.


My understanding is that the benefit had 0% in the tax-free component and 100% in the taxable (taxed) component.


However, the statement shows an amount in the taxable (untaxed) component, which the super fund says is because a tax deduction has been claimed on insurance premiums paid by the member.


Can an untaxed element arise if the insurance has been cancelled 12 months prior to the death of the member, and in a different tax year? That doesn't seem right.


https://www.ato.gov.au/Super/APRA-regulated-funds/Paying-benefits/Calculating-components-of-a-super-benefit/#Payingalumpsumwithanuntaxedelement


http://classic.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s295.465.html


http://www5.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s307.290.html

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514 views
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Most helpful reply

CatherineATO(Community Support)Community Support
7 Sept 2023

Hey @foreverlearning,


It sounds very strange! If you need more info about super you can write to us and provide more details. We can try locate any legislation or rulings or processes to support the the tax being applied to insurance that's been cancelled 12months prior to death and within a different FY. You should also have another chat to the fund and get them to clarify how that works.


Let us know how you go!

Good luck.

All replies

Most helpful reply

CatherineATO(Community Support)Community Support
7 Sept 2023

Hey @foreverlearning,


It sounds very strange! If you need more info about super you can write to us and provide more details. We can try locate any legislation or rulings or processes to support the the tax being applied to insurance that's been cancelled 12months prior to death and within a different FY. You should also have another chat to the fund and get them to clarify how that works.


Let us know how you go!

Good luck.

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Does an untaxed element arise for a super death benefit if there are no insurance proceeds? | ATO Community