Fringe Benefits Tax Assessment Act 1986

PART III - FRINGE BENEFITS  

Division 12 - Residual fringe benefits  

Subdivision B - Taxable value of residual fringe benefits  

SECTION 49  

49   TAXABLE VALUE OF IN-HOUSE PERIOD RESIDUAL FRINGE BENEFITS  
Subject to this Part, the taxable value of an in-house period residual fringe benefit in relation to a year of tax is:

(aa)    

if the benefit was provided to the recipient under a salary packaging arrangement - an amount equal to the notional value of the benefit at the comparison time; or

(ab)    

if paragraph (aa) does not apply and the benefit is an airline transport fringe benefit - an amount equal to 75 % of the stand-by airline travel value of the benefit at the comparison time; or

(a)    

if neither paragraph (aa) nor (ab) applies and, at or about the comparison time, identical overall benefits were provided by the provider:

(i) in the ordinary course of business to members of the public under an arm ' s length transaction or arm ' s length transactions; and

(ii) in similar circumstances and subject to identical terms and conditions (other than as to price) as those that applied in relation to the provision of the recipients overall benefit;

an amount equal to 75% of the lowest amount paid or payable by any such member of the public in respect of the current identical benefit in relation to an identical overall benefit so provided; or

(b)    in any other case - an amount equal to 75% of the notional value of the recipients current benefit;

reduced by the amount of the recipients contribution insofar as it relates to the recipients current benefit.