5Amount of tax

#### 5 Amount of tax (1) The amount of the tax is as follows: (a) for the tax free component of the departing Australia superannuation payment—nil; (b) for the element taxed in the fund of the taxable component of the departing Australia superannuation payment—35%; (c) for the element untaxed in the fund of the taxable component of the departing Australia superannuation payment—45%. (2) However, if the departing Australia superannuation payment is a roll‑over superannuation benefit paid under subsection 20H(2), (2AA) or (2A) of the Superannuation (Unclaimed Money and Lost Members) Act 1999, the amount of the tax for the element untaxed in the fund of the taxable component of the payment is: (a) for the amount (if any) of the element that is not an excess untaxed roll‑over amount—45%; and (b) for the amount (if any) of the element that is an excess untaxed roll‑over amount—nil. > Note: The tax for the excess untaxed roll‑over amount is set at nil to avoid double taxation of that amount, which is also subject to tax under the Superannuation (Excess Untaxed Roll‑over Amounts Tax) Act 2007. (3) Despite subsections (1) and (2), if the departing Australia superannuation payment: (a) is paid to a person on or after 1 July 2017; and (b) includes amounts attributable to superannuation contributions made while the person was a working holiday maker (within the meaning of the Income Tax Rates Act 1986); those subsections apply as if the percentages in paragraphs (1)(b) and (c) and (2)(a) were 65%.