Advisor liability risk from super death benefit nominations

 

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When is a Superannuation “Death Benefit” not a Death Benefit?

The question in the headline is of major significance in estate planning. As readers are aware, the taxable component of a death benefit paid to a person who is not the deceased’s death benefits dependant, as defined in the ITAA 97 (an “ITAA Dependant”) is subject to tax at up to 17%, including the Medicare levy. In contrast, a member benefit is non-assessable, non-exempt income when paid to...

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