ATO Interpretative Decision
ATO ID 2001/532
Fringe Benefits Tax
Fringe Benefits Tax: Salary sacrifice arrangements involving loans with redraw facilitiesThis ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is a salary sacrifice arrangement (SSA) involving an employee sacrificing amounts into a home mortgage account with a redraw facility which satisfies Taxation Ruling TR 2001/10 and section 20 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) effective for taxation purposes?
Decision
Yes, provided both Taxation Ruling TR 2001/10 and section 20 of the FBTAA are satisfied, an SSA involving an employer repaying into an employee's home mortgage account (with or without a redraw facility) is effective for taxation purposes.
Facts
The employer enters into a SSA with the employee. This arrangement involves the employer repaying amounts into the employee's home loan account in lieu of the payment of salary. The "home loan" has a redraw facility whereby the employee can access any amounts in excess of the minimum repayments.
Reasons for Decision
An SSA is generally considered effective if the arrangement is set up within the rules in Taxation Ruling TR 2001/10.
The consequence of an effective SSA would be that the employee agrees to forgo part of his or her total remuneration in return for the employer providing the employee "benefits" of similar value. The employee will only be liable to income tax on the reduced salary. The employer may be assessed under fringe benefits tax legislation in relation to those "benefits" provided to the employee.
For a benefit to be an "expense fringe benefit" under section 20 of the FBTAA, the employer must be making a payment in relation to an "obligation" of the employee and that the payment is in respect of "expenditure incurred" by the employee.
An arrangement for the employer to repay the employee's loan account (with or without redraw facility) is considered to be an "expense payment fringe benefit" provided by the employer to the employee under section 20 of the FBTAA. The full amount borrowed by the employee is viewed as the obligation of the employee, which has been partially met by the employer.
The fact that the employee may or may not have utilised the redraw facility would not affect the arrangement. According to paragraph 39 of Taxation Ruling TR 2000/2, any redraw would constitute new borrowing of funds that cannot be traced to the extra repayments.
Date of decision: 26 June 2001
Legislative References:
Fringe Benefits Tax Assessment Act 1986
Section 20
Related Public Rulings (including Determinations)
TR 2000/2
TR 2001/10
Keywords
Fringe benefits tax
FBT non profit employers
FBT charities
FBT salary sacrifice arrangement
FBT mortgage loan repayments
FBT expense payment fringe benefits
Date reviewed: 6 February 2018
ISSN: 1445-2782