Tax Laws Amendment (2013 Measures No. 2) Act 2013 (124 of 2013)
Schedule 11
Part 3 Fringe Benefits Tax
Fringe Benefits Tax Assessment Act 1986
14 Subsections 65J(1) and (1A)
Repeal the subsections, substitute:
Rebatable employer
(1) An employer is a rebatable employer for a year of tax if the employer:
(a) is exempt from income tax at any time during the year of tax under any of the provisions set out in the following table; and
(b) satisfies the special conditions (if any) set out in the following table.
Rebatable employer |
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Item |
Column 1 Type of employer |
Column 2 Special conditions |
1 |
a registered charity covered by item 1.1 of the table in section 50-5 of the Income Tax Assessment Act 1997 |
The registered charity is not a rebatable employer for the year of tax if it: (a) is a registered public benevolent institution; or (b) is a registered health promotion charity; or (c) is an institution of the Commonwealth, a State or a Territory; or (d) has not been endorsed under subsection 123E(1); or (e) is not an institution. |
2 |
a scientific institution covered by item 1.3 of the table in section 50-5 of the Income Tax Assessment Act 1997 |
The institution is not an institution of the Commonwealth, a State or a Territory unless it: (a) is an institution established by a law of the Commonwealth, a State or a Territory; and (b) is not conducted by or on behalf of the Commonwealth, a State or a Territory; and (c) is engaged solely in research into the causes, prevention or cure of diseases in humans. |
3 |
a public educational institution covered by item 1.4 of the table in section 50-5 of the Income Tax Assessment Act 1997 |
The institution is not an institution established by a law of the Commonwealth, a State or a Territory unless it: (a) is not conducted by or on behalf of the Commonwealth, a State or a Territory; and (b) is a preschool or school (other than a tertiary institution). |
4 |
a society, association or club: (a) established for the encouragement of science; and (b) covered by item 1.7 of the table in section 50-5 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
5 |
a society, association or club: (a) established for community service purposes (except political or lobbying purposes); and (b) covered by item 2.1 of the table in section 50-10 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
6 |
an employer association or an employee association covered by item 3.1 of the table in section 50-15 of the Income Tax Assessment Act 1997 |
None. |
7 |
a trade union covered by item 3.2 of the table in section 50-15 of the Income Tax Assessment Act 1997 |
None. |
8 |
a society or association: (a) established for the purpose of promoting the development of: (i) aviation; or (ii) tourism; and (b) covered by item 8.1 of the table in section 50-40 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
9 |
a society or association: (a) established for the purpose of promoting the development of any of the following Australian resources: (i) agricultural resources; (ii) horticultural resources; (iii) industrial resources; (iv) manufacturing resources; (v) pastoral resources; (vi) viticultural resources; (vii) aquacultural resources; (viii) fishing resources; and (b) covered by item 8.2 of the table in section 50-40 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
10 |
a society or association: (a) established for the purpose of promoting the development of Australian information and communications technology resources; and (b) covered by item 8.3 of the table in section 50-40 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
11 |
a society, association or club: (a) established for the encouragement of any of the following: (i) animal racing; (ii) art; (iii) a game or sport; (iv) literature; (v) music; and (b) covered by item 9.1 of the table in section 50-45 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
12 |
a society, association or club: (a) established for musical purposes; and (b) covered by item 9.2 of the table in section 50-45 of the Income Tax Assessment Act 1997 |
See subsection (5) of this section. |
Note: Subsection (3) affects the kind of employers that may be considered to be an institution of government.