Taxation Determination

TD 95/35W

Fringe benefits tax: if an employee (or an associate of an employee) receives an incentive award from an industry product promotion, will the award always be a fringe benefit provided under an 'arrangement' between the employer and the provider?

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FOI status:

may be releasedFOI number: I 1015791

Notice of Withdrawal

Taxation Determination TD 95/35 is withdrawn with effect from today.

This withdrawal is required as the definition of 'fringe benefits' was amended by Taxation Laws Amendment Act (No.1) 1999 (Act 16 of 1999).

The amendments change the way the arranger provisions operate to simplify the application of those provisions and reduce compliance costs for employers.

The amendments apply in relation to assessments for the FBT year commencing 1 April 1998 and for all later FBT years.

Commissioner of Taxation
16 June 1999

References

ATO references:
NO FBT Cell 30/118; NAT 94/8735-2

Subject References:
arrangement
assessable income
awards
fringe benefits
fringe benefits tax
product promotion
sales incentive awards

Legislative References:
FBTAA 136(1)
ITAA 21A
ITAA 25(1)
ITAA 26(e)