PART III
-
FRINGE BENEFITS
Division 13
-
Miscellaneous exempt benefits
History
Div 13 heading amended by No 139 of 1987.
SECTION 57A
EXEMPT BENEFITS
-
PUBLIC BENEVOLENT INSTITUTIONS, HEALTH PROMOTION CHARITIES, SOME HOSPITALS AND PUBLIC AMBULANCE SERVICES
57A(1)
Where the employer of an employee is a registered public benevolent institution endorsed under section
123C
, a benefit provided in respect of the employment of the employee is an exempt benefit.
History
S 57A(1) amended by No 169 of 2012, s 3 and Sch 2 items 44 and 44A, by substituting
"
registered public benevolent institution
"
for
"
public benevolent institution
"
and
"
section 123C
"
for
"
subsection 123C(1) or (5)
"
, effective 3 December 2012.
S 57A(1) amended by No 95 of 2004, s 3 and Sch 10 item 18, by inserting
"
endorsed under subsection 123C(1) or (5)
"
after
"
public benevolent institution
"
, applicable in relation to benefits provided on or after 1 July 2005. For transitional provision, see note under Part
XA
heading.
57A(2)
Where:
(a)
the employer of an employee is a government body; and
(b)
the duties of the employment of the employee are exclusively performed in, or in connection with:
(i)
a public hospital; or
(ii)
a hospital carried on by a society or association that is a rebatable employer;
(iii)
(Repealed by No 124 of 2013)
a benefit provided in respect of the employment of the employee is an exempt benefit.
History
S 57A(2) amended by No 124 of 2013, s 3 and Sch 11 item 11, by substituting para (b)(ii) for para (b)(iii), effective 30 June 2013. For application and transitional provisions see note under s
65J(1)
. Para (b)(iii) formerly read:
(iii)
a hospital carried on by a society that is a non-profit society for the purposes of section
65J
or by an association that is a non-profit association for the purposes of section
65J
;
S 57A(2) amended by No 142 of 2003 and No 52 of 2000.
57A(3)
A benefit provided in respect of the employment of an employee is an exempt benefit if:
(a)
the employer of the employee is a public hospital; or
(b)
the employer provides public ambulance services or services that support those services and the employee is predominantly involved in connection with the provision of those services.
History
S 57A(3) substituted by No 83 of 2004, amended by No 142 of 2003 and inserted by No 52 of 2000.
57A(4)
A benefit provided in respect of the employment of an employee is an exempt benefit if the employer of the employee is a hospital carried on by a society or association that:
(a)
is exempt from income tax under Division
50
of the
Income Tax Assessment Act 1997
; and
(b)
is not a company referred to in paragraph
65J(5)(a)
or
(b)
; and
(c)
is not a registered public benevolent institution or registered health promotion charity.
History
S 57A(4) amended by No 35 of 2022, s 3 and Sch 4 item 17, by substituting
"
that: (a) is exempt from income tax under Division 50 of the
Income Tax Assessment Act 1997
; and (b) is not a company referred to in paragraph 65J(5)(a) or (b); and (c) is not a registered public benevolent institution or registered health promotion charity.
"
for
"
that is a rebatable employer
"
, effective 1 October 2022 and applicable in relation to FBT years beginning on or after 1 April 2017.
S 57A(4) substituted by No 124 of 2013, s 3 and Sch 11 item 12, effective 30 June 2013. For application and transitional provisions see note under s
65J(1)
. S 57A(4) formerly read:
57A(4)
A benefit provided in respect of the employment of an employee is an exempt benefit if the employer of the employee is a hospital carried on by:
(a)
a society that is a non-profit society for the purposes of section
65J
; or
(b)
an association that is a non-profit association for the purposes of section
65J
.
Note:
Subsection
65J(5)
explains:
(a) which societies are non-profit societies for the purposes of section
65J
; and
(b) which associations are non-profit associations for the purposes of section
65J
.
S 57A(4) inserted by No 52 of 2000.
57A(5)
A benefit provided in respect of the employment of an employee is an exempt benefit if:
(a)
the employer of the employee is a registered health promotion charity; and
(b)
the registered health promotion charity is endorsed under subsection
123D(1)
.
History
S 57A(5) amended by No 169 of 2012, s 3 and Sch 2 item 45, by substituting
"
registered health promotion charity
"
for
"
health promotion charity
"
in para (a) and (b), effective 3 December 2012.
S 57A(5) substituted by No 95 of 2004, s 3 and Sch 10 item 19, applicable in relation to benefits provided on or after 1 July 2005. For transitional provision, see note under Part
XA
heading. S 57A(5) formerly read:
57A(5)
A benefit provided in respect of the employment of an employee is an exempt benefit if:
(a)
the employer of the employee is a charitable institution; and
(b)
the institution
'
s principal activity is to promote the prevention or the control of diseases in human beings.
S 57A(5) inserted by No 167 of 2001.
S 57A substituted by No 139 of 1987.