By Joseph Cheung ([email protected]), Lawyer and William Fettes ([email protected]), Senior Associate, DBA Lawyers
The tax treatment of death benefits paid from an SMSF to a deceased member’s estate can be complex. Tax law contains a ‘look through’ provision in respect of death benefits paid to an estate (ie, to a legal personal representative being the executor of a will or the administrator in the case of intestacy). This article examines the key criteria of this ‘look through’ provision and the resulting tax treatment.
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