Taxation Laws Amendment (FBT Cost of Compliance) Act 1995 (145 of 1995)
Schedule 2 CAR PARKING
Part 1 AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986
Division 1 Additional test to be satisfied in relation to a car parking benefit
3 After section 39A
Insert:
Anti-avoidance-fee on first business day not representative
"39AA. For the purposes of subparagraph 39A(a)(iii), any fee charged
on the first business day of an FBT year that is not representative is
to be disregarded.
When fees are not representative
"39AB. A fee charged by an operator of a commercial parking station
on a particular day is not representative if the fee is substantially
greater or less than the average of the lowest fee charged by the
operator in the ordinary course of business to members of the public
for all-day parking on each of the days in whichever of the following
periods is chosen by the employer:
(a) the 4 week period beginning on the day; or
(b) the 4 week period ending on the day.".