Fringe Benefits Tax Assessment Act 1986

PART IIA - CORE PROVISIONS  

Division 3 - Employee's individual fringe benefits amount  

SECTION 5F   WORKING OUT THE EMPLOYEE'S SHARE  

5F(1)   Overview.  

This section explains how to work out an employee's share of the taxable value of a fringe benefit relating to the employee, an employer and a year of tax.

5F(2)   Individually-valued benefit provided in respect of one employee.  

The employee's share is 100% of the taxable value if:

(a) the fringe benefit was provided in respect of the employment of the employee by the employer and was not provided in respect of the employment of anyone else; and

(b) the taxable value of the fringe benefit was worked out for that particular fringe benefit (not merely as part of the total taxable value of fringe benefits in a class including that particular benefit).

5F(3)   Individually-valued benefit shared by 2 or more employees.  

The employee's share is so much of the taxable value as is reasonably attributable to the provision of the fringe benefit in respect of the employee's employment by the employer, taking account of any relevant matters, if:

(a) the fringe benefit was provided in respect of the employment of the employee by the employer and in respect of the employment of another employee; and

(b) the taxable value of the fringe benefit was worked out for that particular fringe benefit (not merely as part of the total taxable value of fringe benefits in a class including that particular benefit).

5F(4)   Benefits valued in aggregate.  

If:

(a) the fringe benefit is one of a class of fringe benefits provided in respect of the employment of one or more employees by the employer; and

(b) the total taxable value of all the fringe benefits in the class is worked out by a single calculation;

the employee's share of the taxable value of the fringe benefit is so much of the total taxable value as is reasonably attributable to the provision of the fringe benefit in respect of the employee's employment by the employer, taking account of any relevant matters.

5F(5)   Shares of different employees must total 100% of taxable value.  

If:

(a) the fringe benefit was provided in respect of the employment of 2 or more employees; and

(b) each of those employees has an employee's share of the taxable value of the fringe benefit;

the sum of those shares must equal the taxable value of the fringe benefit.

5F(6)   Single employee's shares must equal total taxable value.  

If all the fringe benefits in a class described in subsection (4) are provided in respect of the employment of the same employee (and none of them is provided in respect of the employment of anyone else), the sum of the employee's shares of the taxable value of the fringe benefits must equal the total taxable value of the fringe benefits.