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Paul1961(Newbie)Newbie
18 Nov 2025

My Son passed away suddenly and unexpectedly at age 31, I have been made his legal personal representative via a "letter of admin" from the Supreme Court, I have completed his final tax returns for last two years (2023-24 and 2024_-25) and paid his debt... He had a hecs debt too of $75k, his superfund paid me all of his benefit from his insurance component and his super, $241k in total.

His life insurance is $208k and super $33k... And then I received a payment summary from Super stating that $174.500K is an untaxed element and $62,500 is already taxed for the year ending 2026... It adds up to the amount paid, I was 63 when he passed now 64.... Do I pay tax on this $241k and the he s debt?

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342 views
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DamienATO(Community Support)Community Support
18 Nov 2025

Hi @Paul1961,

 

Very sorry for your loss.

 

The tax you pay on the super death benefit depends on your relationship to your son under tax law. As his parent, you're likely considered a non-dependant since he was 31 and presumably financially independent.

 

For non-dependants receiving lump sum super death benefits:

  • the tax-free component ($0 in your case) isn't taxed
  • the taxed element of the taxable component is taxed at a maximum rate of 15%
  • the untaxed element is taxed at a maximum rate of 30%.

 

Based on your payment summary showing $62,500 taxed element and $174,500 untaxed element, you'll need to include this $241,000 in your tax return. You can claim tax offsets to ensure you don't pay more than the maximum rates mentioned above.

 

Regarding the HECS debt, when someone dies and a final tax return shows they earned over the compulsory repayment threshold, a compulsory repayment must be made. After this, the remaining debt is cancelled.

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