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Fringe Benefits Tax Assessment Act 1986
- PART I - PRELIMINARY
- SECTION 1 SHORT TITLE
- SECTION 2 COMMENCEMENT
- SECTION 2A APPLICATION OF THE CRIMINAL CODE
- SECTION 2B APPLICATION
- PART II - ADMINISTRATION
- SECTION 3 GENERAL ADMINISTRATION OF ACT
- SECTION 4 ANNUAL REPORT
- ### (Repealed) SECTION 5 SECRECY
- PART IIA - CORE PROVISIONS
- Division 1 - Working out an employer's fringe benefits taxable amount
- SECTION 5A SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 5B WORKING OUT AN EMPLOYER ' S FRINGE BENEFITS TAXABLE AMOUNT
- Division 2 - Working out an employer's aggregate fringe benefits amount
- SECTION 5C AGGREGATE FRINGE BENEFITS AMOUNT
- Division 3 - Employee's individual fringe benefits amount
- SECTION 5D SIMPLIFIED OUTLINE
- SECTION 5E EMPLOYEE ' S INDIVIDUAL FRINGE BENEFITS AMOUNT
- SECTION 5F WORKING OUT THE EMPLOYEE'S SHARE
- PART III - FRINGE BENEFITS
- Division 1 - Preliminary
- SECTION 6 PART NOT TO LIMIT GENERALITY OF BENEFIT
- Division 2 - Car fringe benefits
- Subdivision A - Car benefits
- SECTION 7 CAR BENEFITS
- SECTION 8 EXEMPT CAR BENEFITS
- SECTION 8A EXEMPT CAR BENEFITS: CARS THAT ARE ZERO OR LOW EMISSIONS VEHICLES
- Subdivision B - Taxable value of car fringe benefits
- SECTION 9 TAXABLE VALUE OF CAR FRINGE BENEFITS - STATUTORY FORMULA
- SECTION 10 TAXABLE VALUE OF CAR FRINGE BENEFITS - COST BASIS
- SECTION 10A NO REDUCTION OF OPERATING COST IN A LOG BOOK YEAR OF TAX UNLESS LOG BOOK RECORDS AND ODOMETER RECORDS ARE MAINTAINED
- SECTION 10B NO REDUCTION OF OPERATING COST IN A NON-LOG BOOK YEAR OF TAX UNLESS LOG BOOK RECORDS AND ODOMETER RECORDS ARE MAINTAINED IN LOG BOOK YEAR OF TAX
- ### (Repealed) SECTION 10C NOMINATED BUSINESS PERCENTAGE TO BE REDUCED IF IT EXCEEDS BUSINESS PERCENTAGE ESTABLISHED DURING APPLICABLE LOG BOOK PERIOD OR IF IT IS UNREASONABLE
- SECTION 11 CALCULATION OF DEPRECIATION AND INTEREST
- SECTION 12 DEPRECIATED VALUE
- SECTION 13 EXPENDITURE TO BE INCREASED IN CERTAIN CIRCUMSTANCES
- Division 3 - Debt waiver fringe benefits
- Subdivision A - Debt waiver benefits
- SECTION 14 DEBT WAIVER BENEFITS
- Subdivision B - Taxable value of debt waiver fringe benefits
- SECTION 15 TAXABLE VALUE OF DEBT WAIVER FRINGE BENEFITS
- Division 4 - Loan fringe benefits
- Subdivision A - Loan benefits
- SECTION 16 LOAN BENEFITS
- SECTION 17 EXEMPT LOAN BENEFITS
- Subdivision B - Taxable value of loan fringe benefits
- SECTION 18 TAXABLE VALUE OF LOAN FRINGE BENEFITS
- SECTION 19 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 5 - Expense payment fringe benefits
- Subdivision A - Expense payment benefits
- SECTION 20 EXPENSE PAYMENT BENEFITS
- SECTION 20A EXEMPTION - NO-PRIVATE-USE DECLARATION
- SECTION 21 EXEMPT ACCOMMODATION EXPENSE PAYMENT BENEFITS
- SECTION 22 EXEMPT CAR EXPENSE PAYMENT BENEFITS
- Subdivision B - Taxable value of expense payment fringe benefits
- SECTION 22A TAXABLE VALUE OF IN-HOUSE EXPENSE PAYMENT FRINGE BENEFITS
- SECTION 23 TAXABLE VALUE OF EXTERNAL EXPENSE PAYMENT FRINGE BENEFITS
- SECTION 24 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 6 - Housing fringe benefits
- Subdivision A - Housing benefits
- SECTION 25 HOUSING BENEFITS
- Subdivision B - Taxable value of housing fringe benefits
- SECTION 26 TAXABLE VALUE OF NON-REMOTE HOUSING FRINGE BENEFITS
- SECTION 27 DETERMINATION OF MARKET VALUE OF HOUSING RIGHT
- SECTION 28 INDEXATION FACTOR FOR VALUATION PURPOSES - NON-REMOTE HOUSING
- ### (Repealed) SECTION 29 TAXABLE VALUE OF REMOTE AREA ACCOMMODATION
- ### (Repealed) SECTION 29A INDEXATION FACTOR FOR VALUATION PURPOSES - REMOTE AREA ACCOMMODATION
- Division 7 - Living-away-from-home allowance fringe benefits
- Subdivision A - Living-away-from-home allowance benefits
- SECTION 30 LIVING-AWAY-FROM-HOME ALLOWANCE BENEFITS
- Subdivision B - Taxable value of living-away-from-home allowance fringe benefits
- SECTION 31 TAXABLE VALUE - EMPLOYEE MAINTAINS A HOME IN AUSTRALIA
- SECTION 31A TAXABLE VALUE - FLY-IN FLY-OUT AND DRIVE-IN DRIVE-OUT EMPLOYEES
- SECTION 31B TAXABLE VALUE - ANY OTHER CASE
- Subdivision C - Related provisions
- SECTION 31C MAINTAINING A HOME IN AUSTRALIA
- SECTION 31D FIRST 12 MONTHS EMPLOYEE IS REQUIRED TO LIVE AWAY FROM HOME
- SECTION 31E FLY-IN FLY-OUT AND DRIVE-IN DRIVE-OUT REQUIREMENTS
- SECTION 31F DECLARATIONS
- SECTION 31G SUBSTANTIATING RELATED EXPENSES
- SECTION 31H EXEMPT FOOD COMPONENT
- Division 8 - Airline transport fringe benefits
- Subdivision A - Airline transport benefits
- ### (Repealed) SECTION 32 AIRLINE TRANSPORT BENEFITS
- Subdivision B - Taxable value of airline transport fringe benefits
- ### (Repealed) SECTION 33 TAXABLE VALUE OF AIRLINE TRANSPORT FRINGE BENEFITS
- ### (Repealed) SECTION 34 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 9 - Board fringe benefits
- Subdivision A - Board benefits
- SECTION 35 BOARD BENEFITS
- Subdivision B - Taxable value of board fringe benefits
- SECTION 36 TAXABLE VALUE OF BOARD FRINGE BENEFITS
- SECTION 37 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 9A - Meal entertainment
- Subdivision A - Meal entertainment
- SECTION 37A KEY PRINCIPLE
- SECTION 37AA DIVISION ONLY APPLIES IF ELECTION MADE
- SECTION 37AB EMPLOYEE CONTRIBUTIONS TO BE EXCLUDED
- SECTION 37AC MEAL ENTERTAINMENT BENEFITS
- SECTION 37AD MEANING OF PROVISION OF MEAL ENTERTAINMENT
- SECTION 37AE FRINGE BENEFITS ONLY ARISE IF EMPLOYER IS PROVIDER
- SECTION 37AF NO OTHER FRINGE BENEFITS ARISE IF ELECTION MADE
- SECTION 37AG SOME BENEFITS STILL ARISE
- Subdivision B - 50/50 split method of valuing meal entertainment
- SECTION 37B KEY PRINCIPLE
- SECTION 37BA TAXABLE VALUE USING 50/50 SPLIT METHOD
- Subdivision C - 12 week register method
- SECTION 37C KEY PRINCIPLE
- SECTION 37CA ELECTION BY EMPLOYER
- SECTION 37CB TAXABLE VALUE USING 12 WEEK REGISTER METHOD
- SECTION 37CC CHOOSING THE 12 WEEK PERIOD FOR A REGISTER
- SECTION 37CD FBT YEARS FOR WHICH REGISTER IS VALID
- SECTION 37CE MATTERS TO BE INCLUDED IN REGISTER
- SECTION 37CF FALSE OR MISLEADING ENTRIES INVALIDATE REGISTER
- Division 10 - Tax-exempt body entertainment fringe benefits
- Subdivision A - Tax-exempt body entertainment benefits
- SECTION 38 TAX-EXEMPT BODY ENTERTAINMENT BENEFITS
- Subdivision B - Taxable value of tax-exempt body entertainment fringe benefits
- SECTION 39 TAXABLE VALUE OF TAX-EXEMPT BODY ENTERTAINMENT FRINGE BENEFITS
- Division 10A - Car parking fringe benefits
- Subdivision A - Car parking benefits
- SECTION 39A CAR PARKING BENEFITS
- SECTION 39AA ANTI-AVOIDANCE - FEE ON FIRST BUSINESS DAY NOT REPRESENTATIVE
- SECTION 39AB WHEN FEES ARE NOT REPRESENTATIVE
- SECTION 39B WHEN COMMERCIAL PARKING STATIONS ARE LOCATED WITHIN A 1 KM RADIUS OF BUSINESS PREMISES OR ASSOCIATED PREMISES
- Subdivision B - Taxable value of car parking fringe benefits
- SECTION 39C TAXABLE VALUE OF CAR PARKING FRINGE BENEFITS - COMMERCIAL PARKING STATION METHOD
- SECTION 39D TAXABLE VALUE OF CAR PARKING FRINGE BENEFITS - MARKET VALUE BASIS
- SECTION 39DA TAXABLE VALUE OF CAR PARKING FRINGE BENEFITS - AVERAGE COST METHOD
- SECTION 39E FEES CHARGED BY COMMERCIAL PARKING STATIONS FOR ALL-DAY PARKING
- Subdivision C - Statutory formula method - spaces
- SECTION 39F THE KEY PRINCIPLE
- SECTION 39FA SPACES METHOD OF CALCULATING TOTAL TAXABLE VALUE OF CAR PARKING FRINGE BENEFITS
- SECTION 39FB NUMBER OF SPACES EXCEEDS NUMBER OF EMPLOYEES
- SECTION 39FC MEANING OF DAILY RATE AMOUNT
- SECTION 39FD MEANING OF AVAILABILITY PERIOD
- SECTION 39FE MEANING OF RELEVANT RECIPIENTS CONTRIBUTION
- Subdivision D - 12 week record keeping method
- SECTION 39G THE KEY PRINCIPLE
- SECTION 39GA EMPLOYER MAY ELECT TO USE 12 WEEK RECORD KEEPING METHOD
- SECTION 39GB VALUE OF FRINGE BENEFITS FOR YEAR
- SECTION 39GC MEANING OF TOTAL VALUE OF CAR PARKING BENEFITS (REGISTER)
- SECTION 39GD MEANING OF CAR PARKING AVAILABILITY PERIOD
- SECTION 39GE CHOOSING THE 12 WEEK PERIOD FOR A REGISTER
- SECTION 39GF FBT YEARS FOR WHICH REGISTER IS VALID
- SECTION 39GG MATTERS TO BE INCLUDED IN REGISTER
- SECTION 39GH FRAUDULENT ENTRIES INVALIDATE REGISTER
- Division 11 - Property fringe benefits
- Subdivision A - Property benefits
- SECTION 40 PROPERTY BENEFITS
- SECTION 41 EXEMPT PROPERTY BENEFITS
- Subdivision B - Taxable value of property fringe benefits
- SECTION 42 TAXABLE VALUE OF IN-HOUSE PROPERTY FRINGE BENEFITS
- SECTION 43 TAXABLE VALUE OF EXTERNAL PROPERTY FRINGE BENEFITS
- SECTION 44 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 12 - Residual fringe benefits
- Subdivision A - Residual benefits
- SECTION 45 RESIDUAL BENEFITS
- SECTION 46 YEAR OF TAX IN WHICH RESIDUAL BENEFITS TAXED
- SECTION 47 EXEMPT RESIDUAL BENEFITS
- SECTION 47A EXEMPTION - NO-PRIVATE-USE DECLARATION
- Subdivision B - Taxable value of residual fringe benefits
- SECTION 48 TAXABLE VALUE OF IN-HOUSE NON-PERIOD RESIDUAL FRINGE BENEFITS
- SECTION 49 TAXABLE VALUE OF IN-HOUSE PERIOD RESIDUAL FRINGE BENEFITS
- SECTION 50 TAXABLE VALUE OF EXTERNAL NON-PERIOD RESIDUAL FRINGE BENEFITS
- SECTION 51 TAXABLE VALUE OF EXTERNAL PERIOD RESIDUAL FRINGE BENEFITS
- SECTION 52 REDUCTION OF TAXABLE VALUE - OTHERWISE DEDUCTIBLE RULE
- Division 13 - Miscellaneous exempt benefits
- SECTION 53 MOTOR VEHICLE FRINGE BENEFIT FUEL ETC. TO BE EXEMPT IN CERTAIN CASES
- SECTION 54 PROVISION OF FOOD OR DRINK TO BE EXEMPT BENEFIT IN CERTAIN CASES
- SECTION 55 BENEFITS PROVIDED BY CERTAIN INTERNATIONAL ORGANISATIONS TO BE EXEMPT
- SECTION 56 PRESERVATION OF DIPLOMATIC AND CONSULAR IMMUNITIES
- SECTION 57 EXEMPT BENEFITS - EMPLOYEES OF RELIGIOUS INSTITUTIONS
- SECTION 57A EXEMPT BENEFITS - PUBLIC BENEVOLENT INSTITUTIONS, HEALTH PROMOTION CHARITIES, SOME HOSPITALS AND PUBLIC AMBULANCE SERVICES
- SECTION 58 EXEMPT BENEFITS - LIVE-IN RESIDENTIAL CARE WORKERS
- SECTION 58A EXEMPT BENEFITS - EMPLOYMENT INTERVIEWS AND SELECTION TESTS
- SECTION 58AA EXEMPT BENEFITS - ENGAGEMENT OF RELOCATION CONSULTANT
- SECTION 58B EXEMPT BENEFITS - REMOVALS AND STORAGE OF HOUSEHOLD EFFECTS AS A RESULT OF RELOCATION
- SECTION 58C EXEMPT BENEFITS - SALE OR ACQUISITION OF DWELLING AS A RESULT OF RELOCATION
- SECTION 58D EXEMPT BENEFITS - CONNECTION OR RE-CONNECTION OF CERTAIN UTILITIES AS A RESULT OF RELOCATION
- SECTION 58E EXEMPT BENEFITS - LEASING OF HOUSEHOLD GOODS WHILE LIVING AWAY FROM HOME
- SECTION 58F EXEMPT BENEFITS - RELOCATION TRANSPORT
- SECTION 58G EXEMPT BENEFITS - MOTOR VEHICLE PARKING
- SECTION 58GA EXEMPT BENEFITS - SMALL BUSINESS CAR PARKING
- SECTION 58H EXEMPT BENEFITS - NEWSPAPERS AND PERIODICALS USED FOR BUSINESS PURPOSES
- SECTION 58J EXEMPT BENEFITS - COMPENSABLE WORK-RELATED TRAUMA
- SECTION 58K EXEMPT BENEFITS - IN-HOUSE HEALTH CARE FACILITIES
- SECTION 58L EXEMPT BENEFITS - CERTAIN TRAVEL TO OBTAIN MEDICAL TREATMENT
- SECTION 58LA EXEMPT BENEFITS - COMPASSIONATE TRAVEL
- SECTION 58M EXEMPT BENEFITS - WORK-RELATED MEDICAL EXAMINATIONS, WORK-RELATED MEDICAL SCREENING, WORK-RELATED PREVENTATIVE HEALTH CARE, WORK-RELATED COUNSELLING, MIGRANT LANGUAGE TRAINING
- SECTION 58N EXEMPT BENEFITS - EMERGENCY ASSISTANCE
- SECTION 58P EXEMPT BENEFITS - MINOR BENEFITS
- SECTION 58PA EXEMPT BENEFITS - WORKER ENTITLEMENT CONTRIBUTIONS
- SECTION 58PB MEANING OF APPROVED WORKER ENTITLEMENT FUNDS
- ### (Repealed) SECTION 58PC EXEMPT BENEFITS - EXISTING WORKER ENTITLEMENT FUNDS
- SECTION 58Q EXEMPT BENEFITS - LONG SERVICE AWARDS
- SECTION 58R EXEMPT BENEFITS - SAFETY AWARDS
- SECTION 58S EXEMPT BENEFITS - TRAINEES ENGAGED UNDER AUSTRALIAN TRAINEESHIP SYSTEM
- SECTION 58T EXEMPT BENEFITS - LIVE-IN DOMESTIC WORKERS EMPLOYED BY RELIGIOUS INSTITUTIONS OR BY RELIGIOUS PRACTITIONERS
- SECTION 58U EXEMPT BENEFITS - LIVE-IN HELP FOR ELDERLY AND DISADVANTAGED PERSONS
- SECTION 58V EXEMPT BENEFITS - FOOD AND DRINK FOR NON-LIVE-IN DOMESTIC EMPLOYEES
- SECTION 58W EXEMPT BENEFITS - DEPOSITS UNDER THE SMALL SUPERANNUATION ACCOUNTS ACT 1995
- SECTION 58X EXEMPT BENEFITS - PROVISION OF CERTAIN WORK RELATED ITEMS
- SECTION 58Y EXEMPT BENEFITS - MEMBERSHIP FEES AND SUBSCRIPTIONS
- SECTION 58Z EXEMPT BENEFITS - TAXI TRAVEL
- ### (Repealed) SECTION 58ZA EXEMPT BENEFITS - REMOTE AREA HOUSING USED IN PRIMARY PRODUCTION
- SECTION 58ZB EXEMPT BENEFITS - APPROVED STUDENT EXCHANGE PROGRAMS
- SECTION 58ZC EXEMPT BENEFITS - REMOTE AREA HOUSING BENEFITS
- SECTION 58ZD EXEMPT BENEFITS - MEALS ON WORKING DAYS
- SECTION 58ZE EXEMPT BENEFITS - PROVISION OF CERTAIN EDUCATION OR TRAINING
- Division 14 - Reduction of taxable value of miscellaneous fringe benefits
- SECTION 59 REDUCTION OF TAXABLE VALUE - REMOTE AREA RESIDENTIAL FUEL
- SECTION 60 REDUCTION OF TAXABLE VALUE - REMOTE AREA HOUSING
- SECTION 60AA GUIDELINE PRICE FOR REPURCHASE OF REMOTE AREA RESIDENTIAL PROPERTY
- SECTION 60A REDUCTION OF TAXABLE VALUE - REMOTE AREA HOLIDAY TRANSPORT FRINGE BENEFITS SUBJECT TO CEILING
- SECTION 61 REDUCTION OF TAXABLE VALUE - REMOTE AREA HOLIDAY TRANSPORT FRINGE BENEFITS NOT SUBJECT TO CEILING
- SECTION 61A REDUCTION OF TAXABLE VALUE - OVERSEAS EMPLOYMENT HOLIDAY TRANSPORT
- SECTION 61B REDUCTION OF TAXABLE VALUE OF CERTAIN EXPENSE PAYMENT FRINGE BENEFITS IN RESPECT OF RELOCATION TRANSPORT
- SECTION 61C REDUCTION OF TAXABLE VALUE - TEMPORARY ACCOMMODATION RELATING TO RELOCATION
- SECTION 61D REDUCTION OF TAXABLE VALUE OF TEMPORARY ACCOMMODATION MEAL FRINGE BENEFITS
- SECTION 61E REDUCTION OF TAXABLE VALUE OF CERTAIN EXPENSE PAYMENT FRINGE BENEFITS IN RESPECT OF EMPLOYMENT INTERVIEWS OR SELECTION TESTS
- SECTION 61F REDUCTION OF TAXABLE VALUE OF CERTAIN EXPENSE PAYMENT FRINGE BENEFITS ASSOCIATED WITH WORK-RELATED MEDICAL EXAMINATIONS, WORK-RELATED MEDICAL SCREENINGS, WORK-RELATED PREVENTATIVE HEALTH CARE, WORK-RELATED COUNSELLING OR MIGRANT LANGUAGE TRAINING
- SECTION 61G REDUCTION OF TAXABLE VALUE OF FRINGE BENEFITS IF CERTAIN DEDUCTIONS RELATING TO PAYMENTS TO ASSOCIATES ARE NOT ALLOWED
- SECTION 62 REDUCTION OF AGGREGATE TAXABLE VALUE OF IN-HOUSE FRINGE BENEFITS
- SECTION 63 REDUCTION OF TAXABLE VALUE OF LIVING-AWAY-FROM-HOME FOOD FRINGE BENEFITS
- SECTION 63A REDUCTION OF TAXABLE VALUE IN RESPECT OF ENTERTAINMENT COMPONENT OF CERTAIN FRINGE BENEFITS
- ### (Repealed) SECTION 64 REDUCTION OF TAXABLE VALUE IN RESPECT OF ENTERTAINMENT COMPONENT OF CERTAIN FRINGE BENEFITS
- ### (Repealed) SECTION 64A REDUCTION OF TAXABLE VALUE IN RELATION TO EXPENDITURE IN RESPECT OF HIGHER EDUCATION CONTRIBUTION
- ### (Repealed) SECTION 65 REDUCTION OF TAXABLE VALUE IN RELATION TO EXPENDITURE ON LEISURE FACILITIES AND TRAVEL WITH ACCOMPANYING RELATIVES
- SECTION 65A REDUCTION OF TAXABLE VALUE - EDUCATION OF CHILDREN OF OVERSEAS EMPLOYEES
- ### (Repealed) SECTION 65B REDUCTION OF TAXABLE VALUE OF CERTAIN FRINGE BENEFITS - SECTION 23AF OF THE INCOME TAX ASSESSMENT ACT 1936
- ### (Repealed) SECTION 65C REDUCTION OF TAXABLE VALUE OF CERTAIN FRINGE BENEFITS - SECTION 23AG OF THE INCOME TAX ASSESSMENT ACT 1936
- ### (Repealed) SECTION 65CAA REDUCTION OF TAXABLE VALUE OF FRINGE BENEFITS IN RELATION TO 1991-92 YEAR OF TAX - COCOS (KEELING) ISLANDS
- Division 14A - Amortisation of taxable value of fringe benefits relating to remote area home ownership schemes
- SECTION 65CA AMORTISATION OF TAXABLE VALUE OF FRINGE BENEFITS RELATING TO REMOTE AREA HOME OWNERSHIP SCHEMES
- SECTION 65CB AMENDMENT OF ASSESSMENTS
- Division 14B - Reducible fringe benefits relating to remote area home repurchase schemes
- SECTION 65CC REDUCIBLE FRINGE BENEFITS RELATING TO REMOTE AREA HOME REPURCHASE SCHEMES
- Division 15 - Car substantiation rules for otherwise deductible provisions
- SECTION 65D CAR SUBSTANTIATION RULES
- SECTION 65E NO COMPLIANCE WITH SUBSTANTIATION RULES IN LOG BOOK YEAR OF TAX UNLESS LOG BOOK RECORDS AND ODOMETER RECORDS ARE MAINTAINED
- SECTION 65F NO COMPLIANCE WITH SUBSTANTIATION RULES IN NON-LOG BOOK YEAR OF TAX UNLESS LOG BOOK RECORDS KEPT IN PREVIOUS LOG BOOK YEAR OF TAX
- ### (Repealed) SECTION 65G CAR DEDUCTION PERCENTAGE
- ### (Repealed) SECTION 65H NOMINATED BUSINESS PERCENTAGE TO BE REDUCED IF IT EXCEEDS BUSINESS PERCENTAGE ESTABLISHED DURING APPLICABLE LOG BOOK PERIOD OR IF IT IS UNREASONABLE
- PART IIIA - REBATES OF TAX
- SECTION 65J REBATE FOR CERTAIN NOT-FOR-PROFIT EMPLOYERS ETC.
- PART IV - LIABILITY TO TAX
- SECTION 66 LIABILITY TO PAY TAX
- SECTION 67 ARRANGEMENTS TO AVOID OR REDUCE FRINGE BENEFITS TAX
- PART V - RETURNS AND ASSESSMENTS
- Division 1 - Returns
- SECTION 68 ANNUAL RETURNS
- SECTION 69 FURTHER RETURNS
- SECTION 70 KEEPING RECORDS OF INDIRECT TAX TRANSACTIONS
- ### (Repealed) SECTION 70A DECLARATION TO BE GIVEN TO REGISTERED TAX AGENT
- ### (Repealed) SECTION 70B DUTIES OF TAXPAYER AND REGISTERED TAX AGENT IN RELATION TO DECLARATION
- SECTION 70D TAX AGENT TO GIVE TAXPAYER COPY OF NOTICE OF ASSESSMENT
- ### (Repealed) SECTION 71 CERTIFICATE OF SOURCES OF INFORMATION
- Division 2 - Assessments
- SECTION 72 FIRST RETURN DEEMED TO BE AN ASSESSMENT
- SECTION 73 DEFAULT ASSESSMENTS
- SECTION 74 AMENDMENT OF ASSESSMENTS
- ### (Repealed) SECTION 74A EFFECT OF PUBLIC RULING
- ### (Repealed) SECTION 74B EFFECT OF PRIVATE RULING
- ### (Repealed) SECTION 74C ASSESSMENT WHERE CONFLICTING RULINGS
- ### (Repealed) SECTION 74D FINAL TRIBUNAL DECISION ABOUT PRIVATE RULING CONCLUSIVE
- ### (Repealed) SECTION 74E FINAL COURT ORDER ABOUT PRIVATE RULING CONCLUSIVE
- ### (Repealed) SECTION 74F FINAL COURT ORDER ABOUT COMMISSIONER DISCRETION
- SECTION 75 REFUND OF AMOUNTS OVERPAID
- SECTION 76 AMENDED ASSESSMENT TO BE AN ASSESSMENT
- SECTION 77 NOTICE OF ASSESSMENT
- SECTION 78 VALIDITY OF ASSESSMENT
- SECTION 78A OBJECTIONS
- PART VI - OBJECTIONS, REVIEWS AND APPEALS
- ### (Repealed) SECTION 79 INTERPRETATION
- ### (Repealed) SECTION 79A TRANSFER OF PROCEEDINGS
- ### (Repealed) SECTION 80 OBJECTIONS
- ### (Repealed) SECTION 81 REQUEST FOR REFERENCE
- ### (Repealed) SECTION 82 APPLICATIONS FOR EXTENSION OF TIME
- ### (Repealed) SECTION 83 CONSIDERATION OF APPLICATIONS FOR EXTENSION OF TIME FOR LODGING OBJECTIONS
- ### (Repealed) SECTION 84 CONSIDERATION OF APPLICATIONS FOR EXTENSION OF TIME FOR LODGING REQUESTS FOR REFERENCE
- ### (Repealed) SECTION 85 REFERENCE TO TRIBUNAL OR COURT
- ### (Repealed) SECTION 86 NOTICE TO REFER
- ### (Repealed) SECTION 86A PROCEDURE ON REVIEW OR APPEAL
- ### (Repealed) SECTION 86B CASE STATED TO FEDERAL COURT
- ### (Repealed) SECTION 86C (POWERS OF FEDERAL COURT ON APPEAL)
- ### (Repealed) SECTION 86D APPEALS FROM SUPREME COURT AND FEDERAL COURT
- ### (Repealed) SECTION 86E IMPLEMENTATION OF DECISIONS
- ### (Repealed) SECTION 87 PRACTICE AND PROCEDURE OF SUPREME COURTS
- ### (Repealed) SECTION 88 PENDING REVIEW OR APPEAL NOT TO AFFECT ASSESSMENT
- ### (Repealed) SECTION 89 ADJUSTMENT OF ASSESSMENT AFTER APPEAL
- PART VII - COLLECTION AND RECOVERY OF TAX
- Division 1 - General
- SECTION 90 WHEN TAX PAYABLE
- ### (Repealed) SECTION 91 TAXPAYER LEAVING AUSTRALIA
- ### (Repealed) SECTION 92 EXTENSION OF TIME AND PAYMENT BY INSTALMENTS
- SECTION 93 UNPAID TAX
- ### (Repealed) SECTION 94 RECOVERY OF TAX
- ### (Repealed) SECTION 95 SUBSTITUTED SERVICE
- ### (Repealed) SECTION 96 LIQUIDATORS, ETC.
- ### (Repealed) SECTION 97 RECOVERY OF TAX FROM TRUSTEE OF DECEASED EMPLOYER
- ### (Repealed) SECTION 98 WHERE NO ADMINISTRATION OF DECEASED EMPLOYER ' S ESTATE
- ### (Repealed) SECTION 99 COMMISSIONER MAY COLLECT TAX FROM PERSON OWING MONEY TO PERSON LIABLE TO TAX
- SECTION 100 PERSON IN RECEIPT OR CONTROL OF MONEY OF NON-RESIDENT
- Division 2 - Collection by instalments
- Subdivision A - General
- SECTION 101 INTERPRETATION
- SECTION 102 LIABILITY TO PAY INSTALMENTS OF TAX
- SECTION 103 WHEN INSTALMENT OF TAX PAYABLE
- SECTION 104 NOTICE OF THE AMOUNT OF AN INSTALMENT
- SECTION 105 CREDIT FOR INSTALMENTS PAYABLE
- Subdivision B - Transitional Year of Tax
- ### (Repealed) SECTION 106 NOTIONAL TAX AMOUNT
- ### (Repealed) SECTION 107 AMOUNT OF INSTALMENT OF TAX
- ### (Repealed) SECTION 108 INSTALMENT STATEMENT
- Subdivision C - Working out the amount of instalments
- SECTION 109 INTERPRETATION
- SECTION 110 NOTIONAL TAX AMOUNT
- SECTION 111 AMOUNT OF INSTALMENT OF TAX
- SECTION 112 ESTIMATED TAX
- SECTION 112A CREDIT IN CERTAIN CASES WHERE AMOUNT OF INSTALMENT IS NIL
- SECTION 112B LIABILITY TO GIC ON SHORTFALL IN QUARTERLY INSTALMENT WORKED OUT ON THE BASIS OF ESTIMATED TAX
- SECTION 113 NOTICE OF ALTERATION OF AMOUNT OF INSTALMENT
- (Repealed) PART VIII - PENALTY TAX
- ### (Repealed) SECTION 113A PART TO STOP APPLYING
- ### (Repealed) SECTION 114 PENALTY FOR FAILURE TO FURNISH RETURN
- ### (Repealed) SECTION 115 PENALTY FOR FALSE OR MISLEADING STATEMENTS
- ### (Repealed) SECTION 115A PENALTY TAX FOR MAKING UNREASONABLE ESTIMATE OF BUSINESS KILOMETRES
- ### (Repealed) SECTION 115B PENALTY TAX FOR MAKING UNREASONABLE ESTIMATE OF INCOME
- ### (Repealed) SECTION 116 PENALTY TAX WHERE ARRANGEMENT TO AVOID TAX
- ### (Repealed) SECTION 117 ASSESSMENT OF ADDITIONAL TAX
- (Repealed) PART IX - TAX AGENTS
- ### (Repealed) SECTION 118 INTERPRETATION
- ### (Repealed) SECTION 119 UNREGISTERED TAX AGENTS NOT TO CHARGE FEES
- ### (Repealed) SECTION 120 NEGLIGENCE OF REGISTERED TAX AGENTS
- ### (Repealed) SECTION 121 PREPARATION OF RETURNS ETC. ON BEHALF OF REGISTERED TAX AGENTS
- ### (Repealed) SECTION 122 ADVERTISING ETC. BY PERSONS OTHER THAN REGISTERED TAX AGENTS
- PART X - STATUTORY EVIDENTIARY DOCUMENTS
- SECTION 123 RETENTION OF STATUTORY EVIDENTIARY DOCUMENTS
- SECTION 123AA ALTERNATIVES TO STATUTORY EVIDENTIARY DOCUMENTS
- SECTION 123A WHEN BUSINESS USE PERCENTAGE AND ESTIMATE OF BUSINESS KILOMETRES MUST BE SPECIFIED
- SECTION 123B SUBSTANTIATION REQUIREMENTS NOT TO APPLY IN SPECIAL CIRCUMSTANCES
- PART XA - ENDORSEMENT OF REGISTERED CHARITIES ETC.
- SECTION 123C ENDORSEMENT BY COMMISSIONER AS PUBLIC BENEVOLENT INSTITUTION
- SECTION 123D ENDORSEMENT BY COMMISSIONER AS HEALTH PROMOTION CHARITY
- SECTION 123E ENDORSEMENT BY COMMISSIONER AS REGISTERED CHARITY (OTHER THAN PUBLIC BENEVOLENT INSTITUTION OR HEALTH PROMOTION CHARITY)
- PART XI - MISCELLANEOUS
- SECTION 124 ASSESSMENTS
- SECTION 124A ASSESSMENT ON ASSUMPTION
- ### (Repealed) SECTION 124B NOTICES ETC. TO BE SIGNED
- ### (Repealed) SECTION 124C TAXPAYER MAY DIRECT PAYMENTS TO SPECIFIED ACCOUNTS
- ### (Repealed) SECTION 125 JUDICIAL NOTICE OF SIGNATURE
- ### (Repealed) SECTION 126 EVIDENCE
- ### (Repealed) SECTION 127 ACCESS TO PREMISES, ETC.
- ### (Repealed) SECTION 128 COMMISSIONER TO OBTAIN INFORMATION AND EVIDENCE
- SECTION 129 AGENTS AND TRUSTEES
- ### (Repealed) SECTION 130 RECOVERY OF TAX PAID ON BEHALF OF ANOTHER PERSON
- ### (Repealed) SECTION 131 RIGHT OF CONTRIBUTION
- SECTION 132 RECORDS TO BE KEPT AND PRESERVED
- SECTION 132A WRITTEN EVIDENCE NOT AVAILABLE WHEN RETURN LODGED
- ### (Repealed) SECTION 133 RELEASE OF EMPLOYERS IN CASES OF HARDSHIP
- SECTION 134 SERVICE ON PARTNERSHIPS AND ASSOCIATIONS
- SECTION 135 REGULATIONS
- PART XIA - RECORD KEEPING EXEMPTION
- Division 1 - Overview of Part
- SECTION 135A OVERVIEW OF PART
- Division 2 - Conditions
- SECTION 135B CONDITIONS THAT MUST BE SATISFIED
- SECTION 135C WHAT IS A BASE YEAR?
- Division 3 - Consequences if conditions in Division 2 are satisfied
- SECTION 135D CONSEQUENCES
- SECTION 135E EXEMPTION FROM KEEPING RECORDS
- SECTION 135F KEEPING RECORDS FOR 5 YEARS AFTER THEY ARE LAST RELIED ON
- SECTION 135G WAY TO WORK OUT LIABILITY
- SECTION 135H EXCEPTION IF EMPLOYER CHOOSES TO USE CURRENT YEAR AGGREGATE FRINGE BENEFITS AMOUNT
- SECTION 135J EXCEPTION IF EMPLOYER IS GOVERNMENT BODY OR TAX-EXEMPT
- SECTION 135K EXCEPTION IF AGGREGATE FRINGE BENEFITS AMOUNT INCREASES TOO MUCH
- SECTION 135L EMPLOYER NOT IN BUSINESS THROUGHOUT CURRENT YEAR
- PART XIB - REPORTABLE FRINGE BENEFITS TOTALS
- SECTION 135M SIMPLIFIED OUTLINE OF THIS PART
- SECTION 135N EMPLOYEE'S REPORTABLE FRINGE BENEFITS TOTAL
- SECTION 135P EMPLOYEE'S REPORTABLE FRINGE BENEFITS AMOUNT - GENERAL RULE
- SECTION 135Q REPORTABLE FRINGE BENEFITS AMOUNT FOR SOME EMPLOYEES OF CERTAIN INSTITUTIONS
- PART XIC - APPLICATION OF THE ACT TO NOMINATED STATE OR TERRITORY BODIES
- SECTION 135R APPLICATION OF THIS PART
- SECTION 135S NOMINATION OF ELIGIBLE STATE OR TERRITORY BODIES
- SECTION 135T ELIGIBLE STATE OR TERRITORY BODIES
- SECTION 135U CONSEQUENCES OF NOMINATION
- SECTION 135V WORKING OUT THE NOTIONAL TAX AMOUNT WHERE NOMINATIONS HAVE BEEN MADE, VARIED OR REVOKED
- SECTION 135W NOTIONAL TAX AMOUNT WHERE A NOMINATED STATE OR TERRITORY BODY CEASES TO EXIST
- SECTION 135X APPLICATION OF CERTAIN PROVISIONS BY AGREEMENT WITH THE COMMISSIONER
- PART XID - TEMPORARY BUDGET REPAIR LEVY
- SECTION 135Y TEMPORARY BUDGET REPAIR LEVY
- PART XII - INTERPRETATION
- SECTION 136 INTERPRETATION
- ### (Repealed) SECTION 136AA FRINGE BENEFITS TAXABLE AMOUNT
- SECTION 136AB WHAT CONSTITUTES REASONABLE BELIEF THAT A SUPERANNUATION FUND IS A COMPLYING SUPERANNUATION FUND
- SECTION 136A REIMBURSEMENT ETC. OF TAX NOT TO BE REGARDED AS CONSIDERATION IN RESPECT OF BENEFIT ETC.
- SECTION 137 SALARY OR WAGES
- SECTION 138 DOUBLE COUNTING OF FRINGE BENEFITS
- SECTION 138A BENEFIT PROVIDED IN RESPECT OF A YEAR OF TAX
- SECTION 138B BENEFIT PROVIDED IN RESPECT OF THE EMPLOYMENT OF AN EMPLOYEE
- SECTION 138C APPLICATION OR USE OF BENEFIT
- SECTION 139 DATE ON WHICH RETURN FURNISHED
- SECTION 140 ELIGIBLE URBAN AREAS
- SECTION 141 HOUSING LOANS, PRESCRIBED INTERESTS IN LAND OR STRATUM UNITS AND PROPRIETARY RIGHTS IN RESPECT OF DWELLINGS
- SECTION 141A BENEFITS INCIDENTAL TO ACQUISITION OR SALE OF PRESCRIBED INTERESTS IN LAND OR STRATUM UNITS AND PROPRIETARY RIGHTS IN RESPECT OF DWELLINGS
- SECTION 142 REMOTE AREA HOUSING
- SECTION 142A BENEFITS RELATING TO TRANSPORT
- SECTION 142B EMPLOYEE'S NEW PLACE OF EMPLOYMENT
- SECTION 142C ELIGIBLE SHARED ACCOMMODATION IN A HOUSE, FLAT OR HOME UNIT
- SECTION 142D ELIGIBLE ACCOMMODATION IN AN EMPLOYEES HOSTEL
- SECTION 143 REMOTE AREA HOLIDAY TRANSPORT
- SECTION 143A RELOCATION TRANSPORT
- SECTION 143B OVERSEAS EMPLOYEES
- SECTION 143C OVERSEAS EMPLOYMENT HOLIDAY TRANSPORT
- SECTION 143D EMPLOYMENT INTERVIEWS AND SELECTION TESTS
- SECTION 143E WORK-RELATED MEDICAL EXAMINATIONS, WORK-RELATED MEDICAL SCREENING, WORK-RELATED PREVENTATIVE HEALTH CARE, WORK-RELATED COUNSELLING, MIGRANT LANGUAGE TRAINING
- SECTION 144 DEEMED PAYMENT
- SECTION 145 CONSIDERATION NOT IN CASH
- SECTION 146 AMOUNTS TO BE EXPRESSED IN AUSTRALIAN CURRENCY
- SECTION 147 OBLIGATION TO PAY OR REPAY AN AMOUNT
- SECTION 148 PROVISION OF BENEFITS
- SECTION 149 PROVISION OF BENEFIT DURING A PERIOD
- SECTION 149A WHAT IS A GST-CREDITABLE BENEFIT ?
- SECTION 150 CREDIT CARDS
- SECTION 151 EMPLOYEE PERFORMING SERVICES FOR PERSON OTHER THAN EMPLOYER
- ### (Repealed) SECTION 152 PROVISION OF ENTERTAINMENT
- SECTION 152A RECURRING FRINGE BENEFIT DECLARATION
- SECTION 152B EMPLOYER MAY ELECT 50/50 SPLIT METHOD FOR ENTERTAINMENT FACILITY LEASING COSTS
- SECTION 153 RESIDUAL BENEFITS TO INCLUDE PROVISION OF PROPERTY IN CERTAIN CIRCUMSTANCES
- SECTION 154 CREATION OF PROPERTY
- SECTION 155 USE OF PROPERTY BEFORE TITLE PASSES
- SECTION 156 SUPPLY OF ELECTRICITY OR GAS THROUGH RETICULATION SYSTEM
- SECTION 157 CHRISTMAS ISLAND AND COCOS (KEELING) ISLANDS
- SECTION 158 RELATED COMPANIES
- SECTION 159 ASSOCIATES AND RELATIVES
- SECTION 160 CONTINUITY OF EMPLOYMENT WHERE BUSINESS DISPOSED OF ETC.
- SECTION 161 BUSINESS JOURNEYS IN CAR
- SECTION 162 HOLDING OF CAR
- SECTION 162B WHEN CAR USED FOR THE PURPOSE OF PRODUCING ASSESSABLE INCOME
- SECTION 162C HOLDING PERIOD OF CAR
- ### (Repealed) SECTION 162D DEEMED SPECIFICATION OF MATTERS IN CAR RECORDS
- ### (Repealed) SECTION 162E UNSIGNED OR FRAUDULENT ENTRIES IN LOG BOOK RECORDS
- SECTION 162F REASONABLE ESTIMATE OF NUMBER OF BUSINESS KILOMETRES
- SECTION 162G LOG BOOK YEAR OF TAX
- SECTION 162H APPLICABLE LOG BOOK PERIOD
- ### (Repealed) SECTION 162J BUSINESS PERCENTAGE ESTABLISHED DURING LOG BOOK PERIOD
- SECTION 162K REPLACEMENT CARS - CAR FRINGE BENEFITS
- SECTION 162L REPLACEMENT CARS - OTHERWISE DEDUCTIBLE PROVISIONS
- ### (Repealed) SECTION 162M RE-ACQUISITION ETC. OF CARS
- SECTION 162N REGISTRATION OF MOTOR VEHICLE
- ### (Repealed) SECTION 163 APPLICATION OF ACT
- SECTION 164 RESIDENCE
- SECTION 165 PARTNERSHIPS
- SECTION 166 UNINCORPORATED COMPANIES
- SECTION 167 OFFENCES BY GOVERNMENT BODIES
- Schedule
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