Taxation Laws Amendment (Car Parking) Act 1992 (237 of 1992)

PART 2   AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986

Division 2   Amendments relating to car parking

6.   Interpretation

6. Section 136 of the Principal Act is amended:

(a) by inserting "a car parking fringe benefit," after "airline transport fringe benefit," in paragraph (a) of the definition of "recipients contribution" in subsection (1);

(b) by inserting "the recipients parking," after "recipients transport," in paragraph (a) of the definition of "recipients contribution" in subsection

(1);

(c) by inserting the following definitions in subsection (1):

"'all-day parking' means parking of a single car for a continuous period of 6 hours or more; 'associated premises', in relation to a person, means premises, or a part of premises:

(a) owned by the person; or

(b) leased by the person; or

(c) otherwise under the control of the person; but does not include:

(d) business premises of the person; or

(e) premises, or a part of premises, used as a place of residence of an employee of the person or an employee of an associate of the person;

'business day' means a day other than a Saturday, a Sunday or a public holiday in the place concerned;

'car parking benefit' means a benefit referred to in section 39A;

'car parking fringe benefit' means a fringe benefit that is a car parking benefit;

'commercial parking station', means a permanent commercial car parking facility where any or all of the car parking spaces are available in the ordinary course of business to members of the public for all-day parking on payment of a fee;

'daylight period', in relation to a day, means so much of a period on that day as occurs:

(a) after 7 a.m. on that day; and

(b) before 7 p.m. on that day;

'eligible car parking expense payment benefit' means an expense payment benefit where:

(a) the recipient is an employee or an associate of an employee; and

(b) the recipients expenditure is in respect of the provision of car parking facilities for a car on one or more days; and

(c) the following conditions are satisfied in relation to any of those days:

(i) on that day, the employee has a primary place of employment;

(ii) on that day, the car was parked for one or more daylight periods exceeding 4 hours in total at, or in the vicinity of, that primary place of employment;

(iii) the whole or a part of the recipients expenditure is in respect of the provision of the parking facilities to which that parking relates;

(iv) on that day, the car was used in connection with travel by the employee between the place of residence of the employee and that primary place of employment;

(v) the provision of parking facilities for the car during the period or periods is not taken, under the regulations, to be excluded from this definition;

(vi) the day is on or after 1 July 1993;

'primary place of employment', in relation to an employee in relation to a day, means business premises, or associated premises, of the employer of the employee, or of an associate of the employer, where:

(a) if the employee performed duties of his or her employment on that day-on

that day; or

(b) in any other case-on the most recent day before that day on which the employee performed duties of his or her employment; those premises are or were:

(c) the sole or primary place of employment of the employee; or

(d) otherwise the sole or primary place from which or at which the employee performs duties of his or her employment;

'recipients parking', in relation to a car parking fringe benefit, means the provision of the parking facilities to which the benefit relates;".