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Death Benefit Tax

Tax potentially payable on superannuation death benefits, depending on the relationship between the deceased and the beneficiary, and the components of the benefit. Tax dependants receive benefits tax-free, while non-dependants may pay up to 17% tax.

Detailed Explanation

Death benefit tax applies to superannuation death benefits paid to non-dependants, which includes adult children (18 or over), siblings, parents, and other beneficiaries who weren't financially dependent on the deceased. The tax treatment creates significantly different outcomes based on beneficiary relationships. For tax dependants (spouse, de facto, children under 18, financial dependants, and people with an interdependency relationship), all death benefits are tax-free regardless of how they're paid or the benefit components. For non-dependants, the taxable component is taxed at 15% plus 2% Medicare Levy (17% total) for lump sum payments. The tax-free component is always tax-free for all beneficiaries. Non-dependants cannot receive death benefits as income streams; they must be paid as lump sums. This means the entire taxable component is taxed upfront, potentially resulting in substantial tax on large super balances. For a $1,000,000 super death benefit with an 80% taxable component, a non-dependant child would pay $136,000 in tax. Death benefits from retail insurance (outside super) are always tax-free regardless of beneficiary relationship. This difference makes retail life insurance potentially more tax-effective for those wishing to benefit adult children or other non-dependants. Strategic estate planning may involve withdrawing super before death (if over 60, tax-free) and purchasing life insurance outside super.

Common Misconceptions

  • All death benefits are tax-free - only benefits to tax dependants are always tax-free; non-dependants pay tax on the taxable component
  • Adult children are tax dependants - children 18 and over are non-dependants unless financially dependent on the deceased
  • The deceased's age affects death benefit tax - it's the beneficiary relationship and benefit components that determine taxation

Real-World Examples

  • When Robert dies at 68 with $850,000 in super ($700,000 taxable component, $150,000 tax-free component), his wife receives the full $850,000 tax-free as she's a tax dependant.

  • Emma's super balance of $600,000 ($500,000 taxable, $100,000 tax-free) is paid to her 25-year-old son after her death. He pays 17% tax on the $500,000 taxable component ($85,000), receiving $515,000 net. If the same amount was in retail life insurance, he'd receive the full $600,000 tax-free.

  • Michael's death benefit of $1,200,000 from super is split between his wife ($800,000, tax-free) and adult daughter ($400,000). The daughter's portion includes $320,000 taxable component, attracting $54,400 tax, while his wife's entire benefit is tax-free.

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