Taxation Laws Amendment (FBT Cost of Compliance) Act 1995 (145 of 1995)
Schedule 3 AMENDMENTS OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986 RELATED TO EXEMPT BENEFITS
2 After section 58W
Insert in Division 13:
Exempt benefits-provision of certain work related items
"58X.(1) Any of the following benefits provided by an employer to an
employee of the employer in respect of the employee's employment is an
exempt benefit:
(a) an expense payment benefit where the recipients expenditure is in
respect of an eligible work related item;
(b) a property benefit where the recipients property is an eligible
work related item;
(c) a residual benefit where the recipients benefit consists of the
making available of an eligible work related item.
"(2) Subject to subsections (3) and (4), each of the following is an
eligible work related item:
(a) a mobile phone or a car phone;
(b) an item of protective clothing that is required for the
employment of the employee;
(c) a briefcase;
(d) a calculator;
(e) a tool of trade;
(f) an item of computer software for use in the employee's
employment;
(g) an electronic diary or similar item;
(h) a notebook computer, a laptop computer or a similar portable
computer.
"(3) A mobile phone or a car phone is only an eligible work related
item if the phone is primarily for use in the employee's employment.
"(4) A notebook computer, a laptop computer or a similar portable
computer is not an eligible work related item if, earlier in the FBT
year, an expense payment benefit or a property benefit of the employee
has arisen in relation to another notebook computer, laptop computer or
similar portable computer.
Exempt benefits-membership fees and subscriptions
"58Y.(1) Either of the following benefits provided by an employer to
an employee of the employer in respect of the employee's employment is
an exempt benefit:
(a) an expense payment benefit where the recipients expenditure is in
respect of an eligible membership or subscription;
(b) a property benefit where the recipients property is an eligible
membership or subscription.
"(2) Each of the following is an eligible membership or subscription:
(a) a subscription to a trade or professional journal;
(b) an entitlement to use a corporate credit card;
(c) an entitlement to use an airport lounge membership.
Exempt benefits-taxi travel
"58Z.(1) Any benefit arising from taxi travel by an employee is an
exempt benefit if the travel:
(a) is the whole or a part of the journey directly between the
employee's place of residence and the employee's place of work; and
(b) commences between 7.00 p.m. and 7.00 a.m.
"(2) Any benefit arising from taxi travel by an employee is an exempt
benefit if the travel:
(a) is as a result of sickness of, or injury to, the employee; and
(b) is the whole or a part of the journey directly between any of the
following:
(i) the employee's place of work; or
(ii) the employee's place of residence; or
(iii) any other place that it is necessary, or appropriate, for
the employee to go as a result of the sickness or injury.".