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Super Death Tax After 75

When Paying Some Tax Now Can Save Your Family a Fortune Later

For many Australians in their mid-70s, superannuation is still doing exactly what it was designed to do:
providing tax-free income in retirement.

But there’s a problem lurking in the background — what happens when you die.

If your super is paid to adult children (non-tax dependants), the taxable component can be hit with up to 15% plus Medicare levy, collected by the Australian Taxation Office.

On large balances, this can quietly erase six figures from your family’s wealth.

The Catch After Age 75

Before age 75, advisers commonly use a recontribution strategy:

  1. Withdraw super tax-free
  2. Recontribute as a non-concessional contribution
  3. Convert taxable components into tax-free components

But once you turn 75, this strategy is effectively off the table.

So what are you left with?

The Case Study

Let’s work with a realistic scenario.

Client profile

  • Age: 75
  • Super balance: $1.2 million
  • Taxable component: $1.0 million
  • Tax-free component: $200,000
  • Required income: $70,000 per year
  • Beneficiaries: 3 adult children
  • Each child earns ~$100,000 p.a.

Option 1: Do Nothing (Leave Super Intact)

While alive

  • Pension income: tax free
  • No annual tax drag
  • Simple and familiar


On death

  • $1.0m taxable component paid to adult children
  • Death tax ≈ $170,000
  • Net inheritance ≈ $1,030,000


Second-order problem (often ignored)

Each child receives roughly $343,000.

That lump sum:

  • Counts as assessable income for tax purposes
  • Can disrupt:
    • Child Care Subsidy
    • Family Tax Benefit
    • Medicare levy surcharge thresholds
    • Child support assessments

This isn’t just tax — it’s collateral damage across the family’s financial position.

Option 2: Younger Spouse, or More Kids


If you have a younger spouse:

  • Super can roll to them tax-free

  • The balance continues in pension phase

  • Death tax may be deferred for decades (until they pass, but they too can get a younger spouse)

Morbid? Slightly.
Effective? Absolutely.

The longer funds stay within the dependant environment, the longer you avoid death tax leakage.


While you have a Younger Spouse, you could get more Children.

Tax dependants (for super purposes) include:

  • Financially dependent children

  • Minor children

Adult independent children do not qualify.

If estate planning flexibility exists, structuring super to first pass to a dependant can reduce or mitigate ALL superannuation tax.

Option 3: Withdraw All Super at 75 and Invest Personally

Step 1: Withdraw

  • $1.2m withdrawn tax free

Step 2: Invest outside super

Assume a diversified portfolio producing:

  • $70k p.a. income (mix of dividends + realised capital)

During life (rough order of magnitude)

  • Some income taxed at marginal rates
  • Capital gains deferred
  • Franking credits offset some tax
  • Estimated annual tax: $11k*


Even at the high end:

  • $20k p.a. over 10 years = $200k

But this tax:

  • Is spread over time
  • Is controllable
  • Is often lower in early years


On death

  • No super death tax
  • Assets pass under estate rules
  • Capital gains inherited from the initial purchase

This option often breaks even or wins over a surprisingly short timeframe.

Option 4: Withdraw and Use an Investment Company

This is where the strategy becomes far more interesting.

Step 1: Withdraw super at 75

  • $1.2m withdrawn tax free

Step 2: Capitalise an investment company

  • Invest how you would normally invest

Tax inside the company

  • Company tax rate: 30% (Non-Active Financial Entity)

  • Franking credits retained inside the company (company tax paid on earnings and realised gains)
    Keeping with the $70,000 assumption that is $21,000 in tax paid - avaliable as franking credits each year.

Income requirement

  • Client draws $70k p.a. (via dividends)

$0 tax paid personally, $11,000 in franking credits used up. (of the $21,000)

But compare the trade-off:


The Key Comparison

If super is left untouched

  • Death tax: ~$170,000 (once, immediately)

If funds are moved to a company

  • Ongoing tax paid gradually

  • Franking credits preserved

  • No death tax on principal

  • Credits survive the client

Even if the company pays:

  • $15k–$25k p.a. in tax

It takes many years before the total tax paid exceeds the death tax avoided.


The Hidden Win: Franking Credits After Death

Super tax components die with you.

Franking credits don’t.

When the company passes to the children:

  • They inherit fully franked shares

  • Credits can be streamed

  • Income can be distributed flexibly

  • No forced lump sum event

Compare that with super:

  • Lump sum

  • Taxable

  • No control

  • No smoothing


Impact on Adult Children’s Financial Lives

Receiving a super death benefit:

  • Is a single, taxable event

  • Pushes income higher in one year

  • Affects means-tested benefits

  • Can distort family law and support obligations

Receiving wealth via:

  • Company shares

  • Gradual distributions

  • Estate planning structures

Is almost always less disruptive and more efficient.


Why This Is Counter-Intuitive

People fixate on:

“But super is tax free…”

Yes — while you’re alive.

But super was never designed as an intergenerational wealth vehicle.

Once estate planning becomes the priority, structure beats rate.


What This Strategy Is (and Isn’t)

✔️ It is a trade-off strategy
✔️ It converts one large tax into smaller, controlled taxes
✔️ It prioritises family outcomes over personal tax purity

❌ It is not about eliminating tax entirely
❌ It is not suitable for everyone
❌ It requires modelling, not rules of thumb


The Planning Window Is Narrow

After 75:

  • Recontribution strategies are gone

  • Flexibility drops sharply

  • Estate tax risk becomes locked in

Which means the conversation needs to happen now, not later.


The Bottom Line

If you:

  • Are over 75

  • Have a large taxable super balance

  • Expect super to pass to adult children

Then doing nothing is still a decision — and often an expensive one.

Paying some tax during life may:

  • Save six figures on death

  • Preserve flexibility

  • Protect your children’s broader financial position

Super is brilliant for retirement income.

But once estate planning becomes the goal, it may be time to look beyond it.

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