ATO Interpretative Decision

ATO ID 2001/543

Fringe Benefits Tax

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Issue

Is the quit-smoking programme in the nature of work-related counselling and thus an exempt fringe benefit under section 58M of the Fringe Benefits Tax Assessment Act 1986 (FBTAA)?

Decision

Yes. The quit-smoking programme is in the nature of work-related counselling and as such is an exempt fringe benefit under section 58M of the FBTAA.

Facts

An employee attends a structured quit-smoking programme which provides counselling services to assist the employee to the stop the habit of cigarette smoking.

The employer has a non-smoking policy for the workplace. Smoking in the workplace is considered a health hazard for employees and is therefore an occupational health and safety issue. The non-smoking policy is devised to improve or maintain the quality of the employee's performance at work. The reason for the attendance of the employee at a quit-smoking programme is to improve or maintain the employee's health.

As part of the employer's non-smoking policy, the employer will assist employees to quit smoking by reimbursing all or part of the programme fees for any employee who can remain a successful non-smoker for at least three months after completing the programme.

The benefit which is available to any employee is not part of any salary packaging arrangement and is not provided as a reward for services rendered or to be rendered by the employee.

Reasons for Decision

The reimbursement of all or part of the programme fee by the employer to the employee is an expense payment benefit as defined in section 20 of the FBTAA. If the expense payment benefit is one where the employee's expenditure was for "work-related counselling", then the expense payment benefit will be an exempt benefit under section 58M of the FBTAA.

In order to fall within the definition of "work-related counselling" under section 136(1) of the FBTAA, a number of conditions must be met.

The employee has attended the quit smoking counselling session as required under paragraph 136(1)(a) of the FBTAA.

The employee's attendance at the quit-smoking counselling session forms part of the employer's non-smoking policy which is devised to improve or maintain the quality of the performance of its employees' duties as required under paragraph 136(1)(c) of the FBTAA.

The quit-smoking counselling session relates to health matters as required under paragraph 136(1)(d) of the FBTAA.

The expense payment benefit is not provided wholly or principally as a reward for services rendered or to be rendered by the employee as required under paragraph 136(1)(e) of the FBTAA.

Year of income:  Year ending 31 March 2002 Year ending 31 March 2003 Year ending 31 March 2004

Legislative References:
Fringe Benefits Tax Assessment Act 1986
   section 20
   section 58M
   subsection 136(1)
   paragraph 136(1)(a)
   paragraph 136(1)(c)
   paragraph 136(1)(d)
   paragraph 136(1)(e)

Related Public Rulings (including Determinations)
TD 93/153

Other References:
National Taxation Liaison Group FBT Sub-Committee - Minutes of Meeting 22 February 2001

Keywords
Fringe benefits tax
Fringe benefits
Expense payment fringe benefits
Exempt benefits
FBT reimbursements
FBT salary sacrifice
FBT work related counselling

Siebel/TDMS Reference Number:  DW264496

Business Line:  Private Groups and High Wealth Individuals

Date of publication:  26 October 2001

ISSN: 1445-2782